Whistleblowing & Retaliation

If you complain, formally or informally, or participate in an investigation, and soon after your employer begins treating you differently, you may have a whistleblower or retaliation claim. To have a retaliation claim, your complaint must be considered “protected activity” or “whistleblowing”. Complaining about your boss being mean, disrespectful, unprofessional, or taking a harsh tone, does not constitute protected activity. In addition, the retaliation that you are experiencing must be more than an inconvenience or a non-disruptive alteration of job responsibilities. If you engaged in protected activity or whistleblowing, and experienced an adverse employment action soon after, you may have a whistleblowing or retaliation claim.

Your actions may be considered protected activity if:

1. You complained that you were a victim of discrimination based on your age, race, gender, national origin, disability, or military status.
2. You complained that another individual was a victim of discrimination based on their age, race, gender, national origin, disability, or military status.
3. You participated in an investigation regarding whether someone was a victim of discrimination based on their age, race, gender, national origin, disability, or military status.

Your complaint may be considered whistleblowing if:

1. You honestly believed that another employee has taken an action that is a felony, potential felony, and;
2. You reported that violation to your supervisor or another appropriate person in your organization.

You likely suffered an adverse employment action if:

1. You were fired.
2. Your job duties were significantly diminished.
3. You were demoted.
4. Your pay was cut
5. Your hours were cut.
6. You lost benefits.