whistleblower retaliation
This page is for general informational purposes only and should not be considered legal advice. Your situation may not fit the claim you think it would, but it may fit another. Only an attorney with comprehensive knowledge of employment law can tell you whether you have a claim. You should always consult with an attorney before taking or refraining from taking any action in your individual situation.
your whistleblower rights
WHAT PROTECTIONS DO WHISTLEBLOWERS HAVE?
The Michigan Whistleblower Statute and various other federal statutes prohibit retaliation against an employee who reports a violation of the law to a public body.
Federal whistleblower laws include:
- The Whistleblower Protection Act (WPA) (5 U.S.C. § 2302(b)(8)), which protects federal employees who report misconduct.
- § 78u-6(a)(6) of the Dodd–Frank Act, which protects whistleblowers who report violations of securities laws.
WHAT types of retaliation are prohibited?
The Michigan Whistleblower Statute prohibits the employer from taking a wide range of retaliatory actions against a whistleblower. Prohibited retaliatory acts include termination, demotion, and decrease in pay. Other retaliatory actions may also be prohibited depending on circumstances, including transfers or denial of training opportunities.
Do I qualify for whistleblower protection?
In order to qualify for whistleblower protection, you must have engaged in activity protected by the whistleblower statutes.
Protected whistleblower activity includes reporting, or being about to report, a suspected violation of the law to a public body.
The Michigan Whistleblower Statute covers the reporting of almost all suspected violations of the law. This includes violation of criminal laws, but also other laws such as MiOSHA violations.
However, in addition, the report must be made, or about to be made, to a public body to be entitled to whistleblower protection. A public body is broadly defined and can be anything from a city council member to a state agency.
Lastly, protected whistleblower activity also includes participating in an investigation by a public body. An example of this is testifying in a hearing investigating a violation of the law.
what steps can i take to get whistleblower protection?
You generally have three options if you are experiencing whistleblower retaliation.
First, if your employer has a human resources department or related entity, you can report the retaliation to them if they are not involved.
Second, you may be able to file a complaint with the related state agency. For example, if you are experiencing whistleblower retaliation for reporting a MiOSHA violation, you can file a complaint directly with MiOSHA.
Third, you can contact an employment attorney and pursue a whistleblower lawsuit. Fett Law has brought many successful whistleblower lawsuits and has over 35 years of experience handling such claims. If you are the victim of whistleblower retaliation, contact us today and we would be happy to review your case free of charge. Visit our homepage to learn more about our firm.
do i have a whistleblower claim?
The Michigan Whistleblowers’ Protection Act protects employees who report or are about to report a violation or suspected violation of law. To do this, the Whistleblowers’ act makes it illegal for the employer to discharge, threaten, or otherwise discriminate against an employee regarding the employee’s compensation, terms, conditions, location, or privileges of employment.
To be successful on a Whistleblower claim, and employee must prove: 1.) the employee was engaged in a protected activity; 2.) the employee was discharged or retaliated/discriminated against; and 3.) a causal connection exists between the protected activity and the retaliation/discrimination.
Protected Activity
There are three types of protected activity: 1.) reporting to a public body a violation of a law, regulation, or rule, 2.) being about to report such a violation to a public body, or 3.) participating in an investigation conducted by a public body.
The quintessential requirement here is that the employee reports or is about to report a violation of the law to a public body. The legal definition of a public body is broad, and includes state and local government, the legislature, and law enforcement. Some common examples are state agencies and city councils.
If the protected activity is reporting or being about to report, the whistleblower is protected as long as the report is made in good faith. However, if the employee knows the report to be false, the activity is not protected.
Adverse Action
The second requirement for a whistleblower claim requires that the employee demonstrate the employer discharged, threatened, or otherwise discriminated/retaliated against the employee regarding compensation, terms, conditions, location, or privileges of employment.
This means that a whistleblower may only bring a whistleblower claim when the employer takes a materially adverse action against the whistleblower. This covers a broad range of actions, from termination to potentially transfers. However, a whistleblower will not be successful on a whistleblower claim if the discrimination/retaliation is only minor in nature.
Causal Connection
Lastly, a whistleblower must demonstrate that the protected activity was the cause for the adverse action. There are various ways to establish this. Direct statements from the decisionmaker evidencing a retaliatory motive is strong evidence of a causal connection. Temporal proximity between the protected activity and the adverse action is also evidence of a causal connection.
Importantly, a whistleblower must be able to establish that the decisionmaker who took the adverse action was aware of the protected activity, and this requirement is sometimes treated as a separate element. After all, a decisionmaker who was unaware of the protected activity could not have taken the adverse action because of the protected activity, and thus there can be no causal connection.
do i have a whistleblower Lawsuit?
To summarize, a whistleblower claim is established when the employer takes an adverse action because the employee reports, or is about to report, a suspected violation of the law to a public body, or participates in an investigation conducted by a public body.
However, even if you can meet the legal requirements for a whistleblower claim, the employer may have defenses available to it that you would have to overcome. In addition, the damages you may recover must justify the time and expense of bringing a whistleblower lawsuit. You can find more about what your whistleblower claim may be worth by visiting our Know Your Rights, Case Valuation page.
The only way to know for sure whether you have a viable whistleblower lawsuit is to talk to an experienced employment attorney. If you believe you have a whistleblower claim, contact us today and we would be happy to review your whistleblower case free of charge.