The courageous whistleblowers who stand up against wrongdoing at work are doing the public a valuable service — but the companies whose actions are being reported may not see it that way.
Under the various whistleblower laws, retaliation typically is prohibited and could result in more sanctions for the reported company. But what exactly is retaliation?
In a nutshell, retaliation encompasses any adverse action against the whistleblower for engaging in protected activity (see more from the U.S. Department of Labor). That’s a broad definition, though. Retaliation can take many forms, and employers may try to mask it.
Keller Grover has long protected whistleblowers, both through advising them before, during, and after making a whistleblower report, and by taking steps to protect them if they face retaliation. Many whistleblower laws allow for anonymous reports, but identities may become known as facts emerge. We believe whistleblowers deserve strong advocates and want to equip them with knowledge to protect themselves. Here are some forms retaliation can take:
- Termination may seem like the most obvious form of retaliation, but sometimes companies argue that the firing wasn’t a result of whistleblower activity. In a case that’s currently before the U.S. Supreme Court, a former research strategist for UBS Securities is arguing that he was fired for refusing to publish biased reports, while UBS argues that the firing was purely for financial reasons. We continue to watch this case. In a separate case, pharmaceutical giant Eli Lilly and Co. recently settled a lawsuit in which the worker claimed she was terminated after repeatedly pointing out issues related to the production of several biologic drugs. The company said the settlement was not an admission of wrongdoing.
- Companies sometimes use demotions and transfers to retaliate against whistleblowers. An executive with Westinghouse Electric, whose parent company is Toshiba, said he was demoted and transferred to Canada after he identified problems with a nuclear project in South Carolina. He reportedly filed whistleblower complaints to both the U.S. Nuclear Regulatory Commission and the Labor Department.
- Part of complaints against Apple in recent years have been allegations of retaliatory investigations, according to an article in The New York Times. The threat of being investigated at work for speaking out about concerns allegedly scared some employees into keeping quiet. This more subtle approach also accompanied allegations such as terminations of other employees.
- Retaliation doesn’t always appear as concrete changes to a whistleblower’s job. Sometimes, an employee is allowed to continue at work, but he or she faces harassment, intimidation, or threats of some sort. Last year, for example, whistleblower employees of the federal Bureau of Prisons said they were being bullied for reporting abuse of inmates at a women’s prison.
- Sometimes, employers try to silence workers by getting them to sign non-disclosure agreements, withholding pay unless they agree to keep quiet, or trying to make it hard for them to seek other jobs. In other instances, they sue employees for disclosing confidential company information — but these suits are uncommon because they can be viewed as retaliation.
What you can do
Remember: Retaliation against whistleblowers violates the law. Seeking advice early on from an experienced whistleblower attorney, like those at Keller Grover, allows you to be proactive about protections, get a good handle on your case, and take prudent actions.
The California Labor Code, which would govern California employees, states that employers who retaliate against a whistleblower must reinstate the employee’s employment and work benefits, pay lost wages, and take any other necessary steps to comply with the law. Administrative proceedings or legal action may help whistleblowers achieve remedies.
Federal laws that apply to employees in all states also protect against retaliation. The attorneys at Keller Grover can help potential whistleblowers evaluate which laws apply to protect them.
Whistleblowers who have faced retaliation also have been able to file lawsuits to recoup losses and damages.
If you are considering whistleblower action or are facing retaliation at work, contact Keller Grover for a free and confidential consultation. With our proven track record of advocating for workers, we can help you understand all your options, protections, and best next steps. In more than 25 years litigating fraud and employment cases, Keller Grover has recovered billions for its clients.