Employment arrangements can lead to people learning about many different types of issues. Someone who previously viewed a company as reliable and law-abiding may learn that the organization routinely violates its own contracts with customers or employees.
Workers have a protected right to assert themselves when they experience misconduct, learn about safety issues or identify other significant workplace concerns. Those who act as whistleblowers should not face punishment or retaliation, as the law prohibits retaliatory conduct. Unfortunately, according to the Equal Employment Opportunity Commission (EEOC), a large percentage of discrimination and harassment lawsuits allege retaliation after reporting misconduct.
How can whistleblowers speaking up about workplace issues protect themselves from employer retaliation?
Keep personal records
For workers to fight retaliation, they first have to prove that retaliation occurred. In other words, they need documentation affirming that they engaged in a protected workplace activity by reporting certain issues. They generally need documentation of those issues. They also likely need to retain information about how and when they communicate their concerns to their employers or regulatory authorities. They need to keep detailed information about how employers respond to learning about their whistleblowing activities. Copies of the emails and a journal outlining workplace experience can help people validate their allegations that an employer punished them for engaging in protected activities.
Getting legal support
Whistleblowers never know when or how their employers might retaliate. They can protect themselves by ensuring that they follow the right procedures and that the circumstances qualify them for whistleblower protection. Discussing the matter with an attorney before acting as a whistleblower can be helpful. An attorney can help validate that whistleblower protections apply and can also help a worker determine what types of documentation could strengthen their protection.
Speaking up during and after retaliation
Employers are often eager to avoid accusations of retaliation. When whistleblowers make it clear that they understand their rights, the company may be less likely to try to engage in retaliatory discipline or wrongfully terminate the worker. If disciplinary actions follow whistleblowing, workers may need to assert themselves in the moment. They could refuse to acknowledge a write-up that appears retaliatory until they discuss the matter with their lawyer, for example. They can also respond by taking legal action if the company terminates them or transfers them in a punitive fashion following their whistleblower activities.
Understanding the likelihood of whistleblower retaliation could help vulnerable workers protect themselves. Those who speak up about misconduct may have to repeat their bravery a second time by holding a company accountable for violating their legal protections as a whistleblower.