Whistleblower Retaliation

+ What laws protect workplace whistleblowers?

There are a number of state and federal laws that protect employees from retaliation for reporting unlawful activity or refusing to engage in it.

• The Minnesota Whistleblower Act protects Minnesota employees who make a good faith report of a violation or suspected violation of any state or federal statute, law, rule, or regulation.
• The Sarbanes-Oxley Act is a federal law that protects employees who blow the whistle on corporate fraud.
• The Occupational Safety and Health Act is a federal law that protects employees who report OSHA violations.
• The False Claims Act is a federal law that protects employees who report fraud by their employers against the federal government. The Minnesota False Claims Act does the same thing for Minnesota employees who report fraud by their employers against the State of Minnesota. Both acts have provisions protecting whistleblowers from retaliation.

+ How do I prove a whistleblower claim?

First, we need to establish that you engaged in protected activity – that you made a good faith report to a supervisor or manager about a suspected violation of the law.

Then, we must prove that the stated reason for an adverse employment decision is not the actual, illegal reason – reporting unlawful activity or refusing to engage in it. We need to demonstrate that the reason for the adverse employment decision is either factually wrong or that it wasn’t applied equally to similarly-situated employees.

+ How much is a whistleblower retaliation case worth?

This depends on the strength of your case, the amount of damages you’ve suffered, and ultimately on the ability of your employer to pay. While it is not possible to state what the average settlement for a whistleblower retaliation case is, we will be able to better estimate the possible outcomes during your free consultation.

+ Can I claim whistleblower retaliation even if I quit?

Yes. If your employer made working conditions so hostile that you had no choice but to resign, this is known as constructive discharge. Whistleblower retaliation claims may still apply under these circumstances.

+ What is the statute of limitations for a whistleblower retaliation case?

Because whistleblowers are protected by a number of laws, the statute of limitations is highly variable depending on the claim you are pursuing. For example, the Minnesota Whistleblower Act statute of limitations is six years, while certain OSHA whistleblower complaints must be filed within as little as 30 days. The best practice is to contact an employment lawyer immediately if you think you may have a claim.

+ What should I do if I’ve been retaliated against for reporting illegal activity at work?

Write everything down: what happened to you; the date and to whom you made your good faith complaint, what they said in response, and who was present as witness; the dates and who made the adverse employment decisions, what they said were the reasons for the decisions, and who was present as witness; whether you think the reasons your employer gave you was accurate and why; the names of employees that you think may have useful information; and the types of documents that you think may have useful information.

Gather documents: pay stubs; personnel files; employee handbook; any other letters, text messages, or emails from your employer that you think might be helpful. You should send a written request to your employer requesting your personnel file and the reason for the decision about wages, promotion, discipline, suspension, or termination, which must be provided to you under Minnesota law.

If your employer has not paid you all of your wages or given you your last paycheck, request those wages in writing.