There may be situations where you, as an employee, observe or discover wrongdoing by managers or others working for your employer. Those violations of law, or efforts to defraud investors or the state or federal government, are serious and costly.
What could go WRONG:
You lose your job or are otherwise subjected to an adverse employment action over your doing the right thing and bringing the issue to the attention of your employer or governmental authorities to remedy.
The RIGHT CHOICE:
You have rights as a whistleblower.
You have the right not to be retaliated against for exposing illegalities. There are many federal and state statutes that may apply, depending on who your employer is and what industry is the subject matter. The following is a partial list of pertinent statutes:
I have been privileged to represent courageous whistleblowers who seek justice and compensation for being subjected to retaliation for exposing corporate and governmental wrongdoing. While the nature of your employer will likely dictate what laws may apply to your situation, the Right Choice entails a thorough review of your situation to determine the appropriate laws under which you may receive remedies.
If you have been fired or demoted because you reported a company’s illegal actions, or if you have been otherwise retaliated against, you may be able to file a lawsuit under the Sarbanes-Oxley Act of 2002, also known as SOX, or other whistleblower laws like Dodd-Frank and FCA. Because whistleblower claims are unique to employment law, if you are pursuing one as an employee you will probably want to contact an employment attorney to help you with whistleblower claims.
If you report an illegal activity at your job, your employer may not take any action against you. However, if your employer does take action against you, such as firing you or demoting you, then you may have a claim for whistleblower retaliation. Some examples of illegal activities that you can report include fraud, waste, and abuse; these can fall into two categories of illegal activity and wrongdoings. Illegal activity is specifically forbidden by law. Wrongdoing is prohibited by workplace rules, policies, practices, or customs. Reporting wrongdoing to authorities can help protect people in the community from harm and injury due to the wrongdoing.
Whistleblower retaliation is when an employer takes adverse action against an employee because the employee reported misconduct. This can include firing, demotion, suspension, or any other type of punishment. Whistleblower retaliation is illegal under both state and federal law.
There are a few different ways to tell if your employer has retaliated against you for whistleblowing. The most obvious is if you experience a sudden change in treatment at work, such as being demoted or fired without warning. Other signs can be more subtle, like being passed over for promotions or assignments you would normally be given. If you notice a change in your treatment at work and you think it may be due to retaliation, it's important to speak with an experienced attorney who can help you evaluate your claim.
You should immediately consult with an experienced attorney to discuss your legal rights and options. You may have a claim for retaliation if you were terminated because you reported something illegal or in violation of company policy. An attorney can help you determine whether you have a claim and how to proceed. If you believe that the termination was retaliatory, it is best to act quickly. If there is no time frame for filing your complaint, the law allows one year from the date of discovery, or three years from the date of termination (whichever is shorter).
If you report illegal activity in the workplace and your employer retaliates against you, you may have a claim for whistleblower retaliation. To prove a retaliation claim, you will need to show that you reported the illegal activity to your employer and that you suffered some adverse action because of it. Adverse actions can include being fired, demoted, or passed over for a promotion. If you think you have been retaliated against, you should speak to a lawyer to discuss your options.
Contact an attorney today at Eric Siegel Law for help with your case!