Can a whistleblower be subject to retaliation from an employer?
Individuals who report employer violations of laws and regulations can be subject to retaliation. This whistleblower retaliation can take many forms and can be applied to both current and former employees that blew the whistle on abuse.
Are there laws to protect employees from retaliation?
Most people know that laws exist to protect employees from discrimination and harassment. However, many don’t know these laws also protect employees from retaliation. That means employers cannot punish employees for making discrimination or harassment complaints or participating in workplace investigations.
What are examples of retaliation in the workplace?
For example, a change in job shift may not be objectionable to a lot of employees, but it could be very detrimental to a parent with young children and a less flexible schedule. As long as the employer’s adverse action would deter a reasonable person in the situation from making a complaint, it constitutes illegal retaliation.
What happens to employees who blow the whistle on fraud?
Employees who “blow the whistle” or report wrongdoing should be lauded, not vilified. A study conducted by the Association of Certified Fraud Examiners (ACFE) estimates that fraud costs a typical company about 5% of its revenues and that whistle-blowing is the single most common method of fraud detection.
How can a whistleblower prove retaliation?
Physical evidence is the best way to prove whistleblower retaliation. Start collecting documents that can be presented as evidence of whistleblower retaliation. For instance, keep a running list of retaliatory behavior, noting the date and time of the behavior, what the behavior was, and how it negatively impacted you.
What protects whistleblowers from retaliation?
Section 3730(h) of the False Claims Act protects whistleblowers from retaliation. The purpose of this section is to protect employees who are discriminated against because they attempted to stop the submission of a false claim under the FCA.
Which protects whistleblowers from retaliation?
Environmental Protection Agency (EPA) The EPA is subject to the Whistleblower Protection Enhancement Act of 2012, which protects federal employees from retaliation after reporting fraud, waste or abuse.
Can I sue for whistleblower retaliation?
The whistleblower protections of the federal Sarbanes-Oxley Act of 2002 (which was designed to protect investors from fraudulent accounting by public companies) give employees of publicly-traded companies the right to sue for whistleblower retaliation if their employer retaliates against them for reporting suspected securities fraud to the federal government or a supervisor. 17