What is the Legal Definition of a Whistleblower?
Whistleblowers are people who report information regarding waste, fraud, abuse, or mismanagement. In fiscal year 2022, there were 12,300 tips reported to the Securities and Exchange Commission (SEC) by whistleblowers.
Although not always kindly looked upon, whistleblowers are performing a public service, given protections under the law. If you have experienced retaliation from whistleblowing, our Greenville, SC, whistleblower attorneys want to hear from you.
Examples of Whistleblowing
A whistleblower is anyone who reports information to a party or entity that has the authority to take appropriate action, known as an ‘authorized recipient.’
Whistleblowing may encompass reporting any of the following conduct:
- Breaking a law, regulation, or rule
- Gross mismanagement
- Gross waste of funds
- An abuse of authority
- A substantial and specific danger to public health or safety
- Censorship related to scientific research
Ways an Employer May Retaliate
Employer retaliation can include a number of adverse actions, including:
- Firing an employee
- Demoting an employee
- Denying an employee benefits
- Threatening an employee
- Reducing pay or limiting work hours
- Blacklisting: inhibiting an employee from finding another job
- Negative performance reviews
- Reporting or threatening to report an employee to law enforcement or immigration authorities
Occupational Safety and Health Administration
Every employer is required to meet the standards outlined by the Occupational Safety and Health Administration, or OSHA. OSHA standards are designed to guarantee a safe work environment. Under the Whistleblower Protection Program, OSHA enforces 25 federal laws prohibiting employers from retaliating against employees.
OSHA laws that include anti-retaliation provisions include, but are not limited to:
- Sarbanes-Oxley Act: Protects investors when reporting fraudulent financial statements by corporations
- Clean Air Act: Prohibits employers from discriminating against employees for reporting any violations regarding the regulation of air pollution
- Anti-Money Laundering Act: Prohibits employers from taking adverse action against an employee for reporting money laundering and other terrorist financing
- Federal Railroad Safety Act: The Federal Railroad Safety Act (FRSA) mandates the maximum weight for rail cars, qualifications to become an engineer, and security and safety practices. Both employees and independent contractors are protected against retaliation for reporting violations of the law.
- Toxic Substances Control Act: The Act allows the Environmental Protection Agency (EPA) to screen chemical substances and/or mixtures produced and imported into the United States. Those who are retaliated against for reporting a violation are given protection.
Why You Should Hire a Whistleblower Attorney
It is illegal for an employer to take action against you for whistleblowing. If you have faced any adverse actions as a result of whistleblowing, our legal team is ready to advocate on your behalf. If you were fired or demoted, our legal team will gather evidence to show that it was a direct result of your reporting illegal activity. We will not rest until we see justice served.
A Whistleblower Attorney Serving Greenville, SC
Nobody should face repercussions for reporting others who break the law. Unlawful acts should be punished, and whistleblowers play a large role in doing this. If you have experienced financial or emotional distress due to whistleblowing, do not hesitate to contact Ryan Beasley Law. To schedule your free consultation, contact us by calling 864-679-7777 or by filling out our online contact form.