Losing a job after reporting unlawful conduct at work can create stress and uncertainty. Employees may wonder whether the law protects them from retaliation.
If you believe your employer punished you for reporting misconduct, it helps to know which laws may apply. That knowledge can help you evaluate your rights and avoid missteps.
Moreover, whistleblower rights are not the same in every case. Different federal and state laws may apply. As a result, the protections available often depend on the type of misconduct involved.
Federal laws often protect workers from retaliation
No single federal law covers every whistleblower. The Whistleblower Protection Act is one example. It generally covers current and former federal employees. That law may apply when federal workers report illegal conduct. It can also cover reports of serious mismanagement or threats to public health or safety.
In addition, the Occupational Safety and Health Administration (OSHA) also enforces anti-retaliation rules. Those rules apply under several workplace safety and industry-specific laws. They can protect private-sector workers who report covered violations. These laws may shield workers from job-related harm. That can include termination, demotion, harassment or other retaliation.
Certain programs also provide financial incentives
Some whistleblower programs do more than bar retaliation. They also encourage reports of fraud. The False Claims Act is one example. Eligible people may bring claims involving fraud against the government. A successful claim can lead to a share of recovered funds.
The Securities and Exchange Commission (SEC) and the Internal Revenue Service (IRS) also run whistleblower programs. Eligible people usually must provide original information. That information must lead to a successful enforcement action. Confidentiality rules may also apply.
State-specific laws can provide additional safeguards
State laws can add another layer of protection. Pennsylvania has its own Whistleblower Law. It generally covers employees who report wrongdoing or misuse of funds involving publicly funded entities. Covered workers may receive protection after a good-faith report. The law can protect them from discharge, threats or discrimination.
New Jersey also has the Conscientious Employee Protection Act. It may apply to workers who disclose conduct they reasonably believe violates a law. It can also cover employees who refuse to take part in that conduct. These state laws do not apply to every workplace dispute. When they do apply, they may provide broader safeguards than other laws.
Understanding your available options
Every whistleblower claim depends on its facts. The employer, your report and the employer’s response matter. Together, those facts may determine the protections and remedies that may apply.
Legal guidance can help you evaluate your next steps. An attorney may also review deadlines, examine evidence and explain which rights may apply to your claim.