Retailiation Claims

As a top Evansville attorney, Lane Siesky knows in the employment context, a whistleblower is an employee who informs the government, public, or other authorities of his or her employer’s allegedly dishonest or illegal activities. Sometimes, these allegations involve violations of federal or state laws or regulations. An “internal” whistleblower discloses this improper activity or behavior to the management, co-workers, superiors, or other people within the company. An “external” whistleblower reveals this information to the government, or other people or entities outside the company.

Whistleblowers are often placed in a precarious position because, if found out, their employers retaliate against them in the form of workplace discrimination, demotion, discipline, denial of benefits, blacklisting, harassment, or termination. Employers will frequently discharge whistleblower employees under the guise of properly acting within the bounds of at-will employment.

However, both federal and state laws protect whistleblowers from improper retaliation. Some federal laws include the Whistleblower Protection Act of 1989 (which protects federal employees); Section 11(c) of the Occupational Safety and Health Act (OSH Act) (which applies to private employees who report on workplace safety violations or health hazards); and the Sarbanes-Oxley Act (which protects corporate employees who report violations of federal securities laws).