An AP News article reports that a CIA officer trainee was dismissed in February 2024 after she reported a stairwell assault at Langley, Virginia, and subsequently testified in closed congressional hearings. Her attorney called the dismissal “open and notorious retaliation” since it led to dozens of similar complaints against other CIA personnel for purported acts of sexual misconduct. The agency officials deny the alleged assault, but the whistleblower claims she was retaliated against for raising her concerns.
Speaking up in the workplace is not always easy. Many employees report misconduct, safety violations, or other illegal activities to promote fairness in the workplace.
According to whistleblower retaliation attorney Emanuel Shirazi, some workers are fired or threatened with termination when they report state law violations, such as wage and hour or health and safety violations, violence, fraud, harassment, or discrimination.
Whistleblower retaliation is prohibited by law. According to the United States Department of Justice, you can exercise your rights under the whistleblower protection laws of the Department of Labor without the fear of any punishment or vengeance from your employer.
Let’s talk about what retaliation is so you can easily recognize it and prevent a violation of your rights and urge you to seek additional protections.
Defining Whistleblower Retaliation
Whistleblower retaliation occurs whenever the employer punishes the worker for reporting the misconduct or violation of law. This can take basically any form and may include demotion, termination, harsh working conditions, and so on.
If you have ever felt isolated or even verbally abused for exposing wrongdoing, you may have experienced retaliation. Your voice does count. It takes courage to report something wrong and set the foundation for a healthy working setup.
You should be safe and supported from the moment you speak out about the issue. You must know that others are fighting for transparency and integrity alongside you. When you stand for what is right, you protect yourself and develop a culture within which everyone feels esteemed and heard.
Common Forms of Retaliation
Retaliation at the workplace can take many forms with respect to an employee who speaks against wrongdoing. Some of the subtle ways of retaliation include discriminatory treatment of the employee by excluding him or her from activities or assigning the employee fewer projects.
Serious and overt retaliation can be in the form of negative performance evaluation, downgrading, or laying off the employee from their job. Harassment and intimidation of you could be other ways your employer or supervisor is retaliating against you. They can also isolate you as a way to impose an unfair penalty with respect to your reporting.
Such retaliations leave you uncertain, as you may question whether your previous decisions were correct. You should be able to recognize common retaliation forms so that you may seek support and know you are not on this difficult road alone.
Legal Protections for Whistleblowers
You must first be aware of the protections existing in the matter of reporting misconduct. The Whistleblower Protection Act encourages you to speak up without fear of firing or facing adverse treatment. Under these laws, you can report misconduct without worrying that somebody will take action against you.
You don’t have to prove that your employer actually committed the misconduct, only that you were punished because of your reporting a suspicious activity. With the right attorney, you can be assisted in clarifying your goals and evaluating the potential benefits and costs of filing a lawsuit, says Sacramento employment lawyer Natalia D. Asbill-Bearor.
Different states have different types of protections offered under whistleblower laws from retaliation. You have legal rights to sue if you have experienced retaliation while working in that place. These laws protect employees’ rights and also influence an overall safe and ethical work environment for everyone concerned.
The Process of Reporting Retaliation
If you feel that the organization might retaliate against your report of wrongful conduct, now is the time to take action and follow your company’s process with regard to reporting. Document every instance of retaliation with the relevant date, time, and particulars. This information will prove useful in the future.
The next logical step would be to go ahead and file a complaint about the retaliation with your boss or HR, unless that is not an option. If it is not, then an alternative would be seeking advice from a colleague you could trust or from a whistleblower support group.
Depending on your company’s policies, you may wish to make a formal complaint to the relevant governmental agencies.
Consequences of Retaliation for Employers
Whistleblower retaliation is supposed to have dire consequences for employers in terms of lawsuits and reputation damage. Retaliation can even result in attention from regulatory authorities.
Legal fees and settlements will severely dent your budget. Talented employees will run away from such a company since they want to feel safe and respected in their surroundings. Any act of retaliation will just increase distrust within the organization. Going after whistleblowers would harm employee morale and productivity.
A good and transparent working environment will empower all employees to speak out, a situation in which everyone receives a favorable response.
