Whistleblowers help to keep organizations honest and accountable by exposing wrongdoing. However, blowing the whistle comes with potentially serious risks, including retaliation. If you are a whistleblower who has suffered retaliation, it is preferable to seek the advice and guidance of an experienced whistleblower lawyer.
Solomon Law is a leading employment law firm representing whistleblowers nationwide. When you consult with us, we will explain your rights and protections under federal law, explore your best legal options, and help you obtain just compensation. Contact our office today to get started on your whistleblower retaliation claim.
What is Whistleblower Retaliation?
Whistleblower retaliation occurs when an employer or organization takes adverse action against a whistleblower for engaging in protected legal activity, such as:
- Reporting – Complaining to an employer or government agency about an alleged legal violation
- Filing – Pursuing an administrative claim or legal action against an employer or organization
- Testifying – Providing written or oral statements in connection with a legal proceeding involving alleged misconduct
- Opposing – Refusing to engage in an activity that a person reasonably believes is unlawful
Although whistleblower retaliation is illegal, it is not uncommon. Retaliation can take many forms, such as termination, demotion, harassment, or other forms of discrimination. If you have experienced retaliation for engaging in protected whistleblower activity, you can trust our legal team to protect your rights, reputation, and future.
What Federal Laws Protect Whistleblowers Against Retaliation?
Several federal laws protect whistleblowers against retaliation, including:
- The Whistleblower Protection Act (WPA) protects federal employees who disclose violations of laws, rules, or regulations, gross mismanagement, waste of funds, abuse of authority, or substantial and specific danger to public health or safety.
- The Sarbanes-Oxley Act of 2002 (SOX) protects employees of publicly traded companies who report fraud, securities violations, or other illegal activity that could harm investors. SOX prohibits retaliation and allows whistleblowers to file complaints with the Occupational Safety and Health Administration (OSHA) within 180 days of the alleged retaliation.
- The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) extends whistleblower protections to employees who report securities violations, fraud, or other misconduct to the Securities and Exchange Commission (SEC). Dodd-Frank provides financial incentives for whistleblowers who provide original information that leads to successful enforcement actions and protects them against retaliation.
- The False Claims Act (FCA) allows whistleblowers, also known as relators, to file qui tam claims on behalf of the government against entities that defraud the federal government. The FCA rewards whistleblowers with a percentage of the recovery and protects them against retaliation.
Do I Have a Valid Whistleblower Retaliation Claim?
If you have blown the whistle on illegal or unethical conduct and suffered an adverse action, we can help determine whether you have a valid whistleblower retaliation claim. To establish a retaliation claim, you must demonstrate three elements:
- You engaged in protected activity – You disclosed information that you reasonably believed was evidence of illegal or unethical conduct and made that disclosure in good faith.
- There is an adverse action – You suffered some form of retaliation due to your disclosure, such as termination, demotion, harassment, or other forms of retaliation.
- There is a causal connection between the protected activity and the adverse action – You have evidence that your disclosure was a motivating factor in the adverse action against you.
The best way to fight back against whistleblower retaliation is to consult the experienced employment law attorneys at Solomon Law.
How Our Firm Can Help
Knowing that whistleblower retaliation can impact your livelihood and damage your reputation, we will review the facts of your case and advise you on the best course of action, such as filing a complaint with a government agency, pursuing a lawsuit, or negotiating a settlement. Although no two whistleblower retaliation claims are the same, we will fight to help you recover damages, such as:
- Back pay – If you lost wages or benefits, back pay will cover the time you were out of work.
- Front pay – You may be entitled to front pay – compensation for the time you would have continued working for your employer.
- Compensatory damages – You may also receive compensation for emotional distress, reputational harm, and other non-economic losses.
- Punitive damages – In some cases, you may be entitled to punitive damages to punish your employer’s misconduct and deter others from engaging in similar misconduct.
You can depend on us to guide you through the legal process, fight for your rights, and protect your financial future.
Talk To An Experienced Washington D.C. Whistleblower Retaliation Lawyer Today!
Blowing the whistle takes courage; fighting whistleblower retaliation takes skill. That’s where Solomon Law comes in. Our experienced whistleblower attorneys are available to help. Contact our office today to discuss your case in confidence.