How Employment Lawyers Handle Retaliation for Whistleblowers

Whistleblowers play a crucial role in uncovering illegal or unethical conduct within organizations. Whether it’s reporting fraud, safety violations, or corruption, whistleblowers help protect the public interest and promote workplace integrity. Unfortunately, whistleblowers often face retaliation from their employers in the form of termination, demotion, harassment, or other punitive actions. If you’ve been retaliated against for blowing the whistle on wrongdoing, it’s important to understand your legal rights and take action to protect yourself.

At Castronovo & McKinney, LLC, we specialize in representing whistleblowers who have faced retaliation in the workplace. Our experienced employment lawyers are dedicated to ensuring that employees are protected when they expose illegal activities. In this article, we will explore what retaliation for whistleblowers looks like, how to handle retaliation claims, and how an employment lawyer can help you navigate this difficult process.

What is Whistleblower Retaliation?

Whistleblower retaliation occurs when an employer punishes an employee for reporting illegal, unethical, or unsafe practices in the workplace. The law protects employees from retaliation when they report violations related to:

• Fraud: Reporting fraudulent activities, including financial fraud, false billing, or misrepresentation of information.
• Workplace Safety Violations: Reporting unsafe working conditions, OSHA violations, or failure to follow safety protocols.
• Environmental Violations: Reporting environmental harm caused by a company’s actions, such as pollution, unsafe waste disposal, or violations of environmental protection laws.
• Discrimination or Harassment: Reporting incidents of workplace discrimination or harassment based on race, gender, age, religion, disability, or other protected characteristics.
• Violations of Labor Laws: Reporting violations of wage and hour laws, improper classification of employees, or failure to pay overtime.
• Health and Safety Violations: Reporting violations that put employees or the public at risk, such as unsafe products or practices that endanger public health.

The law protects employees who make these disclosures, and retaliation for such actions is illegal under both federal and state laws, including the Whistleblower Protection Act and other specific laws related to fraud, safety, and labor practices. However, retaliation is all too common, and many employees face negative consequences after they report misconduct. These consequences may include being fired, demoted, passed over for promotions, or subjected to harassment.

What Types of Retaliation Should You Be Aware Of?

Retaliation can take many forms. If you’ve reported unethical or illegal conduct, you may face one or more of the following retaliatory actions:

• Termination: Employers may attempt to fire a whistleblower in retaliation for their actions, even if the employee’s conduct was legal and within their rights.
• Demotion or Loss of Responsibilities: Employees may be demoted or have their job responsibilities reduced as a form of punishment for reporting illegal activities.
• Unfair Performance Reviews: Whistleblowers may be subjected to unjust negative performance reviews that do not reflect their actual work performance.
• Harassment: Employees who report wrongdoing may face harassment from coworkers or supervisors, including verbal abuse, ostracism, or unfair treatment in the workplace.
• Denial of Promotions: Whistleblowers may be passed over for promotions or other career advancement opportunities, even if they are qualified and deserving of them.
• Increased Scrutiny: Whistleblowers may be subjected to heightened surveillance, unfair disciplinary actions, or excessive monitoring of their work.

If any of these actions have occurred after you reported misconduct, you may be a victim of whistleblower retaliation, and it is important to consult with an employment lawyer as soon as possible to protect your rights.

How Can an Employment Lawyer Help with Whistleblower Retaliation Claims?

If you’ve experienced retaliation after reporting illegal or unethical conduct, an employment lawyer can help you navigate your legal options and take action against your employer. Here’s how an employment lawyer can assist you in handling a whistleblower retaliation claim:

• Evaluating Your Case: An employment lawyer will evaluate the circumstances surrounding your whistleblowing activities and determine whether your employer’s actions constitute illegal retaliation. They will review your complaint, the timing of the retaliation, and any evidence of wrongdoing or retaliatory behavior.
• Protecting Your Rights: Your lawyer will help protect your legal rights throughout the process, ensuring that you don’t inadvertently jeopardize your retaliation claim. They can advise you on how to document the retaliation, gather evidence, and maintain confidentiality where necessary.
• Filing a Complaint: An employment lawyer will help you file a formal complaint with the appropriate government agency, such as the Occupational Safety and Health Administration (OSHA), the Securities and Exchange Commission (SEC), or the Department of Labor (DOL). They will ensure that all procedural requirements and deadlines are met.
• Negotiating a Settlement: Many whistleblower retaliation claims can be resolved through settlement negotiations. Your lawyer will represent you in settlement discussions to ensure that you receive compensation for lost wages, emotional distress, and other damages caused by the retaliation.
• Litigating Your Case: If your case cannot be settled, your lawyer will file a lawsuit and represent you in court. They will gather evidence, present your case, and fight to ensure that you receive compensation for the harm caused by retaliation. A skilled attorney will use their knowledge of whistleblower protection laws to build a strong case on your behalf.

Why Choose Castronovo & McKinney for Your Whistleblower Retaliation Claim?

At Castronovo & McKinney, LLC, we have years of experience representing employees who have faced retaliation for blowing the whistle on illegal or unethical behavior in the workplace. Our team of skilled employment lawyers is dedicated to fighting for the rights of whistleblowers and ensuring that they are not punished for speaking out against wrongdoing.

We take a client-centered approach, providing personalized legal advice and aggressive advocacy throughout every step of the process. Whether through settlement negotiations or litigation, we are committed to securing the compensation and justice that you deserve for the retaliation you have faced.

If you have experienced retaliation for whistleblowing or reporting illegal conduct, don’t hesitate to contact us. We will review your case, explain your rights, and work to ensure that you are treated fairly and protected under the law.

For assistance with a whistleblower retaliation claim, contact Castronovo & McKinney, Employment Law Attorneys today. Our experienced team is here to help you fight for justice and ensure that your rights are protected.

Contact Us

Visit our offices in Morristown, NJ or New York, NY, or give us a call to schedule a consultation with one of our experienced employment lawyers. We are committed to helping you protect your rights and fight against retaliation in the workplace.

New Jersey Office
71 Maple Ave, Morristown, NJ 07960
Phone: 973.920.7888
Fax: 973.920.7924

New York Office
420 Lexington Avenue, Suite 1830, New York, NY 10170
Phone: 646.755.3781
Fax: 646.755.3781