Whistleblower retaliation occurs when an employer takes an “adverse action” against an employee because s/he employee reported a company’s unlawful conduct to an person with authority over the employee. The employee may even may be wrong about the activity being illegal so long as the employee had reasonable cause to believe he was disclosing illegal activity. Under the law, employers may not terminate an employee (or cause any adverse employment action) in retaliation for reporting the unlawful conduct.

What are Some Examples of Whistleblower Retaliation?

Aside from termination, other adverse employment actions that can constitute retaliation include demotion, discipline, and salary reduction. Punishment does not necessarily have to be as obvious as a discharge or demotion; it can also include more subtle actions, such as being denied a raise, being reassigned to an undesirable shift, or being prevented from transferring.

Other forms of adverse employment actions used by employers include: 

• Forced Relocation – An employer may try without notice to make you relocate to another location in a different state or country as a way of removing you from the situation. This ensures they can try to keep their violations secret.
• Physical Isolation – An employer may place you in an empty office where there are no other employees or access to the same amenities others receive before reporting a concern or illegal activity.
• Performance Improvement Plans (PIP) – In order to retaliate, an employer may place you on a performance improvement plan, regardless of your actual performance.
• Pay Deductions – Employers who retaliate may decide to reduce your salary or eliminate bonuses, while pointing to poor performance as a reason for the deduction in pay.

Other Types of Illegal Retaliation

Aside from whistleblower retaliation, it is also illegal for an employer to retaliate against employees simply for engaging in their protected legal rights, such as:

• Seeking information or legal advice on your workplace rights.
• Notifying anyone about a possible violation of legal rights in your workplace.
• Complaining that you or someone else is owed unpaid wages.
• Complaining about harassment or discriminatory treatment on the job.
• Complaining about unsafe working conditions.
• Talking with your co-workers about your wages or workplace concerns — for instance, the possibility of unionizing.
• Filing a workers’ compensation claim.
• Filing or participating in a complaint with a governmental agency, such as the U.S. Equal Employment Opportunity Commission, the California Labor Commissioner or Department of Fair Employment and Housing, or other workplace rights agency.
• Filing a lawsuit against your employer, or supporting co-workers who have filed a lawsuit.

We Fight For Whistleblower Rights

Hekmat Law Group attorneys fight to protect the rights of whistleblowers. If you are facing retaliation as a result of reporting fraud or misconduct at work, you should seek the assistance of an attorney right away. Contact us today for a free consultation and to learn more about your legal rights. If you think you may need a lawyer, don’t delay in contacting us. Your claims may be barred by a statute of limitations if you wait too long.