Most employers follow the law to avoid legal and financial trouble. There are many regulations that govern businesses, including laws that protect employees from discrimination, harassment, and retaliation for whistleblowing.

Reporting illegal or unsafe activity in the workplace can be difficult, as employees may fear retaliation. However, whistleblower laws exist to protect employees from negative consequences when they report employer misconduct.

Our firm has successfully protected employees who were retaliated against for reporting unlawful activity. If you want to learn how to sue your employer for wrongful termination or retaliation, contact us today for a free consultation.

We often receive questions such as:

• Can I be fired for reporting an illegal act at work?
• Can I be fired for reporting my boss?
• Can I be fired for refusing to do something illegal at work?
• What should I do if my employer is breaking the law?
• How do I report illegal activity in the workplace?
• My boss made me do something illegal—what should I do?
• Can I lose my job for reporting my boss?
• What happens if a whistleblower is fired?
• Can I get fired for reporting discrimination?

Whistleblowing and retaliation claims are often used interchangeably, but they are different.

Whistleblower complaints involve reporting violations of specific laws, misuse of tax dollars, threats to public safety, or breaches of public trust.

Workplace laws protect employees from discrimination, union interference, and wage violations. If an employer interferes with these rights, the employee can file a retaliation claim.

Many violations go unreported because employees fear retaliation. However, laws protect whistleblowers from employer punishment for reporting illegal activity, fraud, safety hazards, or regulatory violations.

Employers cannot take adverse actions against whistleblowers who report:

• Illegal workplace discrimination
• Health and safety violations
• Fraud, gross mismanagement, or misuse of taxpayer funds
• Environmental law violations
• Unlawful business practices

To establish a retaliation claim, an employee must prove:

• They engaged in protected activity. This could include reporting violations, serving as a witness, or taking action to enforce laws.
• They suffered an adverse employment action. This includes termination, demotion, denied promotions, or loss of benefits.
• The employer knew about the protected activity. Employers often retaliate after discovering that an employee has reported them.
• The adverse action was caused by the employee’s report.

Protected activity depends on the law in question. Some laws require employees to report violations internally before filing formal complaints.

For example, under Title VII of the Civil Rights Act, employees are protected when they report unlawful discrimination or participate in legal proceedings against their employer.

Protected activities include:

• Filing complaints with regulatory agencies
• Serving as a witness in legal proceedings
• Refusing to participate in illegal activities
• Reporting fraud, health, or safety violations

Employees must present evidence that their employer retaliated against them. Courts consider:

• Timing: Did the adverse action occur soon after the employee reported misconduct?
• Employer statements: Did the employer express frustration about the protected activity?
• Unusual employment actions: Did the employer suddenly change disciplinary policies or work conditions?

Retaliation is not always in the form of termination. Employers may make work conditions intolerable by:

• Denying promotions or raises
• Increasing workloads unfairly
• Altering schedules to create hardship
• Singling out employees for discipline

If an employer forces an employee to resign through these tactics, courts may rule it as “constructive discharge,” treating it as wrongful termination.

Time limits for filing whistleblower claims vary by law:

• Environmental violations: 30 days to file with OSHA.
• Federal employees: 45 days to file with the EEOC.
• State or local government employees: Some have as little as 10 days to file.
• Union contracts: Some require claims within 3 days.

Consulting an employment attorney ensures you file your claim correctly and on time.

The California Labor Law Employment Attorneys Group offers free consultations to evaluate your claim. If we take your case, we work on a contingency basis, meaning you pay nothing unless we win.

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