An Overview of Whistleblowing in the Workplace and How Can You Protect Yourself from Retaliation
Written by Cooper & Friedman PLLC on September 26, 2024
Whistleblowing is a term used to describe the act of reporting waste, fraud, abuse, corruption, or dangers to public health and safety. This person usually works for the company they report, hence the name, “whistleblower.” Keeping companies accountable for their actions is an important part of keeping the economy fair and the public healthy. It should feel like a given: if a company does something wrong, someone should report it. But it does not always work out that way. Some companies might try to include clauses in contracts that prohibits disclosing private company information to outside sources. However, these clauses are void in the case of a misdemeanor. Still, many employees who know that a wrongdoing or breach of law is happening are intimidated, bribed, or threatened with retaliation if they disclose information.
Under OSHA and the U.S. Department of Labor, there is a Whistleblower Protection Program, which “protects employees from retaliation for raising or reporting concerns about hazards or violations of various laws,” including:
- Workplace safety
- Workplace health
- Aviation safety
- Commercial motor carrier
- Consumer product
- Environmental
- Financial reform
- Food safety
- Health insurance reform
- Motor vehicle safety
- Nuclear
- Pipeline
- Public transportation agency
- Railroad
- Maritime
- Securities
- Tax
- Antitrust, and
- Anti-money laundering laws
Retaliation in the Workplace
Retaliation in the workplace can look like a lot of things. It does not stop at threats of unemployment or pay cuts. It includes any adverse action that a higher-up or employer takes against an employee participating in a protected activity. This means retaliation can come from the company and its board members or shareholders, a manager, supervisor, CEO, administrator, or other authority in the company. While threats can be physical, many times, they affect the employment status or opportunity of the whistleblower. For example:
- Firing, laying off, or demoting
- Denying overtime or promotion
- Disciplining or suspending
- Denying benefits
- Failing to hire or rehire
- Intimidation, harassment, or making threats
- Employee reassignment to a less desirable position or affecting promotion prospects
- Reducing pay or hours
- More subtle actions, such as:
- Isolating
- Ostracizing
- Mocking
- Falsely accusing the employee of poor performance
- Blacklisting or otherwise intentionally interfering with an employee’s ability to obtain future employment in or outside of the field of work
- Constructive discharge (quitting when an employer makes working conditions intolerable due to the employee’s protected activity
- Reporting the employee to the police or immigration authorities
Don’t Wait! File a Complaint Today
If you file a report for something your company is doing, you should prepare for retaliation even if it never happens. Keep a copy of your contract somewhere safe, record any illegal activities or data, and only allow a small circle of trusted friends or coworkers to know about the wrongdoings and/or that you filed a complaint. You can find a list of protected areas and where to file a complaint on the Department of Labor’s official page. You can always start searching for another job, but these laws are put into place to protect your employment. Switching companies should be a personal choice, not one made because of retaliation.
If you or someone you love has been the victim of retaliation in the workplace for whistleblowing the State of Kentucky and are in need of an experiences workers’ comp attorney, give the lawyers at the Cooper & Friedman law firm a call. The attorneys at Cooper and Friedman PLLC have over 50 years of combined experience defending the rights of worker retaliation victims. Contact us with questions you might have or schedule a free case consultation with an attorney by calling 502-459-7555 today.