Retaliation and Whistleblowing
It is illegal for employers to retaliate against employees for exercising protected rights.
Employees who complain about workplace discrimination or who complain about illegal business practices are protected from retaliation in the workplace by whistleblower laws.
Unfortunately, retaliation is one of the most common types of employment claims. You may have a retaliation claim under any of these situations:
- Complaining about workplace discrimination or sexual harassment
- Reporting illegal activity such as environmental violations, safety violations, securities fraud, software piracy, tax evasion, etc.
- Requesting or taking leave under the Family and Medical Leave Act (FMLA)or California Family Rights Act (CFRA)
- Exercising rights under an employee benefit plan protected by the Employee Retirement Income Security Act (ERISA) such as a retirement, disability or health care plan.
Whether you are a line worker who has witnessed illegal toxic dumping or a senior executive who discovered and disclosed fraudulent financial reporting, you have the right to report your employer’s misconduct without fear of retribution.