For government agencies and regulators seeking to deter and punish instances of fraud, corruption and other wrongdoing that threaten the public interest, cases are often proven thanks to essential information provided by employees on the “inside.” Those who report this pertinent information are known as “whistleblowers” and, by disclosing this information, may place themselves at much personal risk.
If you are considering becoming a whistleblower, you will want to understand your rights under the various laws that afford protections to employees who call out employer wrongdoing. This article provides six steps you can take to protect yourself before and after blowing the whistle.
1. Understand What Conduct Is “Protected” from Retaliation
A great many laws protect whistleblowers from retaliation for legitimate whistleblowing activities. To assess whether you have a viable retaliation lawsuit, you must first determine whether you engaged in “protected activity” under these various whistleblower statutes.
“Protected activity” generally refers to the act of reporting, opposing or refusing to engage in violations of laws, rules or regulations. Many whistleblower laws protect not only complaints to a government agency but also internal complaints to supervisors and participation in internal or external investigations. In many cases, a refusal to work in unsafe conditions is also considered protected activity.
Note that not all complaints and objections are protected activity....
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