When you witness a violation of a law or regulation, you may know that what you’ve seen is wrong. However, you may not know what to do about it. Speaking up, or whistleblowing, could put you in the crosshairs.
Thankfully, there are laws that protect you when you take these steps, though there are risks involved. What are the risks of being a whistleblower? Rubin Law Corporation has been protecting employee rights since 1995, providing comprehensive legal support for whistleblowers.
In this blog post, we detail the risks of whistleblowing, the legal protections available to you, and how a whistleblower attorney in Los Angeles can safeguard your rights.
Definition of Whistleblowing and Its Importance
A whistleblower is a person who shares information they believe reveals violations of laws, rules, or regulations. This may include gross mismanagement, financial misconduct, fraud, or environmental harm.
Reporting issues early on is the key to keeping problems from escalating, and it holds organizations accountable for their actions to support a more ethical and responsible workplace. Companies can address internal issues and maintain a workplace culture built on integrity while also upholding safety standards that protect employees and the public.
Common Risks Associated with Being a Whistleblower
Unfortunately, whistleblower dangers keep a lot of people from speaking up. There are many consequences of being a whistleblower, including retaliation and financial and career repercussions.
Retaliation
One of the most common consequences of blowing the whistle is various forms of retaliation. You may be terminated from your job, demoted to a lower position with reduced pay, or even assigned undesirable tasks.
Retaliation may also be indirect, with members of your company harassing you, excluding you from key meetings that should require your involvement, or writing baseless negative performance evaluations.
Legal Repercussions
There are laws to protect whistleblowers, but you will have the burden of proof on your shoulders. You’ll need to show that your actions were protected and that as a result, you endured retaliation. With many legal complexities, it is best to seek legal representation to avoid any potential legal issues and report properly.
Emotional and Psychological Impacts
It’s stressful and anxiety-inducing when you blow the whistle. You may know what you are doing is right, but your colleagues may pull away even if they agree with your actions out of fear for their own careers. Without the backing of your colleagues, it can increase your emotional distress.
Financial and Career Repercussions
Blowing the whistle on your employer could result in your termination from the company, or getting demoted. You could lose wages and benefits. Even worse, you may struggle to find a new job in your field.
That’s why working with an attorney is strongly encouraged before you say a word. They will help you use the legal protections for whistleblowers to mitigate any potential backlash as you do the right thing.
Legal Protections for Whistleblowers
Despite the legal risks of whistleblowing, there are whistleblower protection laws. Federal laws like the Whistleblower Protection Act of 1989 cover certain federal employees to provide protection when they report fraud, waste, and abuse. The False Claims Act (FCA) allows individuals to file lawsuits for fraud against the government.
In the financial sector, the Dodd-Frank Act protects those who report violations of securities laws to the SEC (Securities and Exchange Commission) or the CFTC (Commodity Futures Trading Commission). Due to retaliation protections, it is illegal for an employer to fire, demote, or harass a whistleblower.
The laws are complex, and cases involving whistleblowing require a delicate touch to ensure everything is done properly. Legal support is the best way to safeguard your rights before speaking out about the violations you have witnessed. Only a whistleblower lawyer will understand the full spectrum of applicable federal, state, and local laws that apply to your case.
They will be able to help you file your complaints with the right agencies, document and preserve evidence, and take legal action if any agency’s investigation does not result in a satisfactory resolution. With an attorney, you’ll have an advocate to help you recover from retaliation, such as recovering back pay, being reinstated to your former position after demotion, and receiving compensation for your damages, including emotional distress.
Steps to Take When Considering Whistleblowing
The world needs more people with a strong code of ethics and morals. To that end, you should not proceed with whistleblowing without taking these steps.
Seek Legal Counsel
Choose an experienced whistleblowing attorney before you do anything. They will help you to understand your rights, craft a proper strategy, and protect you from any fallout. Your attorney is bound by confidentiality and can legally advise you on what evidence can be used.
If you’re thinking of whistleblowing, never speak to anyone else about it or post about it online. Only talk to your lawyer to protect yourself. Speaking to colleagues or the media could result in accusations of defamation.
Stay at Your Job
While you work with your whistleblowing attorney, you will likely be encouraged to keep working as if everything is normal. It is easier to access evidence when you carry on as if nothing is wrong.
Understanding Protected Disclosures
Before blowing the whistle, you need to know what qualifies as a protected disclosure. Usually, it is having a reasonable belief that the information you find proves a legal violation. This could be a criminal offense, a breach of legal obligation, or it could be a major danger to health and safety.
While it may upset you, the disclosure must be in the public interest. In other words, it can’t simply be your own personal grievance. Talking to a lawyer can help you determine if this is the case.
Document Evidence
One of the reasons you will want to speak with an attorney before you blow the whistle is that they will advise you about which documents you should collect. They will also tell you to only make copies of the pertinent documents that you have access to through the course of your employment. You should never take the original documents.
Let your attorney review every item prior to making any disclosures. Anything that involves attorney-client privileged documents or information that is protected by privacy laws should not be used. Your lawyer will likely ask you to submit evidence from emails, work orders, memos, and phone logs. If you have been terminated prior to taking these actions, you may need to present any relevant letters related to your hiring or firing.
How Rubin Law Corporation Supports Whistleblowers and Enhances Their Legal Journey
You may lie awake each night wondering how to grapple with what you know. Perhaps you’ve already said something that has resulted in retaliation, and you feel like there’s no way out of this mess. Rubin Law Corporation is here to help you and protect your rights as a whistleblower.
Fighting Retaliation
Whether you’ve made your disclosure already or not, we will defend you from retaliation in the form of demotions, wrongful terminations, and other adverse actions from your employer.
Secure Legal Remedies
With a full understanding of local, state, and federal laws, we use the protections available to you to reinstate you to your job, get your back pay plus interest, and attain compensation for your emotional distress. Our proven track record in whistleblower cases ensures that we will fight relentlessly on your behalf for what is fair.
Provide Expert Legal Guidance
Whistleblower laws are intricate and complex, and armed with this knowledge, we can provide confident guidance throughout your case. We will explain your legal rights and your options to help you decide the action you want to take.
Protect Employee Rights
Speaking up about unethical or illegal activities takes a lot of courage. When you witness evidence of fraud or other criminal misconduct, harassment, and other wrongdoings, you are doing the right thing by putting the spotlight on it. However, handling it alone leaves you vulnerable, and our attorneys are here to protect your employee rights.
Pursue Justice and Compensation
You may lose your job or be demoted to a lower-paying position when you report these illegal actions made by your employer. You may then find it difficult to get another job in your field, losing out on income, simply for doing the right thing. Rubin Law Corporation seeks financial compensation for your losses as a result of retaliatory actions.
Navigate the Legal Process
Every area under the law is a complicated one, but employment law and whistleblowing are among the most complex. You may have been shunned at work, harassed, and left isolated. Our attorneys are here for you through the entire legal process by investigating to gather evidence for a strong case and standing by you to prevent the burden of this fallout from resting solely on your shoulders. If you’re thinking about blowing the whistle on unlawful or unethical activities, contact Rubin Law Corporation first for legal advice.