What Is A Whistleblower Claim?
A whistleblower claim arises when an employee is terminated or retaliated against for reporting the employer’s violation or noncompliance with a constitutional, statutory or regulatory law or provision. For example, if an employee is terminated shortly after reporting that her supervisor is overcharging clients, the terminated employee will most likely have an actionable whistleblower claim. To prove a whistleblower claim, you must show you reported your employer’s violation of a constitutional, statutory or regulatory law or provision and your employer subjected you to an adverse employment action (i.e., termination) because of you reported the unlawful activity.
Do I Have To Report The Illegal Activity To A Government Agency In Order To Prove My Whistleblower Claim?
The answer is “no.” The report of unlawful activity can be made to either a government agency or the employer. Therefore, if you report the illegal activity to your supervisor and you are terminated as a result of your report, you will most likely have an actionable whistleblower claim.
Do I Have To Prove My Employer Violated The Law In Order To Prove My Whistleblower Claim?
The answer is “no.” You can prevail in a whistleblower claim if you prove you have a reasonable suspicion that a violation of a constitutional, statutory or regulatory provision occurred. Therefore, even if it turns out you were wrong about your suspicion of unlawful activity, you may still have a claim if your suspicion was reasonable.
What Should I Do If I’ve Been Subjected To Retaliation Because I Reported Unlawful Activity By My Employer?
Whistleblower claims can be complex so it is important that you hire an experienced attorney to help you through the process. Brock & Gonzales specializes in employment litigation, including whistleblower claims. If you have been subjected to retaliation because you reported unlawful activity by your employer, please do not hesitate to contact our office to set up a free consultation