What Is Whistleblower retaliation?
A whistleblower retaliation claim arises when an employee is retaliated against for reporting their employer’s illegal activity. It also arises when an employee is retaliated against for refusing to participate in their employer's illegal activity.
Do YOU Have To Report The Illegal Activity To A GOVERNMENTal agency TO BE PROTECTED FROM RETALIATION?
No, you are protected from retaliation not only if you report illegal activity to a governmental agency, but also if you just report the unlawful activity to your employer. For example, if you report illegal activity to your supervisor and you are then terminated in retaliation for your report, you will most likely have an actionable whistleblower retaliation claim.
Do YOU Have To Prove YOUR Employer ACTUALLY Violated The Law to be PROTECTed from retaliation?
No, in order to be protected from retaliation, you just need to have had a reasonable suspicion that a violation of the law occurred. Therefore, even if it turns out you were wrong about your suspicion of unlawful activity, you may still have a whistleblower claim if your suspicion was reasonable.
WHAT ARE YOU ENTITLED TO RECOVER IN A WHISTLEBLOWER RETALIATION CASE?
- All lost wages, income, earnings or salary you lost, and will lose in the future, as the result of the retaliatory conduct
- Monetary compensation for your past and future mental suffering, inconvenience, anxiety, humiliation, and emotional distress
- Punitive damages to deter your employer from engaging in similar conduct in the future
Brock & Gonzales specializes in whistleblower retaliation claims. If you feel have been retaliated against, contact us to set up a free consultation.