Employees sometimes become aware that employers have done inappropriate and even illegal things. When this happens, employees may then need to act as whistleblowers. A whistleblower is a worker who draws attention to unsafe or illegal activity. Typically, whistleblowers have protection under federal and state law and should not face employer retaliation.
What whistleblower actions may be considered protected activities?
Speaking up is a protected activity
Workers have the right to notify management within the company about illegal activity or unsafe work conditions. They should be able to report misconduct internally without fearing that the employer might retaliate. If employers fail to take internal reports seriously, whistleblowers may decide they need to notify outside authorities about their concerns.
Reporting issues to regulatory agencies is also a protected activity. Notifying state or federal authorities about workplace safety violations or illegal company behavior is a protected activity for those acting as whistleblowers. The law also protects the right of workers to initiate qui tam lawsuits against their employers on behalf of the government.
Numerous behaviors have federal protection
There is a lengthy list of individual activities that may not necessarily make a worker a whistleblower but still have protection under the law. Protected workplace activities include:
- Organizing with coworkers
- Discussing wages
- Documenting unsafe circumstances
- Reporting safety violations
- Requesting leave under the Family and Medical Leave Act
- Filing a workers’ compensation claim
- Reporting violations of wage law
- Drawing attention to harassment or discrimination
- Seeking accommodations for disabling medical conditions
- Testifying in a wrongful termination case
Workers who report violations or engage in other protected activities should not face employer punishment. Workers should not face threats or any other kind of retaliation for asserting their rights or acting as whistleblowers.
Current and prospective whistleblowers who worry about retaliation and protecting themselves may need assistance as they prepare to take action. Maintaining clear documentation and learning more about the law can help people report misconduct without putting themselves at risk.