Justice For Whistleblowers: Comprehensive Legal Solutions From A Whistleblower Lawyer
If you face retaliation after reporting unlawful activities at your workplace, I understand your concerns and am here to help. As a dedicated whistleblower lawyer at LaRosa & Associates, in Wilmington, Delaware, I provide strong legal support to employees like you who have had the courage to speak out.
At LaRosa & Associates, I focus exclusively on employment law with a particular dedication to employee rights. With over 25 years of experience, I stand as part of Delaware’s longest active law firm dedicated exclusively to these cases. I am passionate about protecting the rights of employees and am committed to achieving results that matter to you and your future.
Whistleblower Protections Under The Law
State and federal laws shield whistleblowers from retaliation, ensuring you can report misconduct without fear of unjust treatment.
The Delaware Whistleblowers’ Protection Act specifically protects employees who report to their employer or the government a violation of any law, rule, or regulation made to protect any person from health, safety, or environmental hazards or fraud, deceit, or misappropriation of funds or assets under the employer’s control. Under this act, protected employees are entitled to remedies that can include job reinstatement, back pay, and reimbursement of legal fees and costs.
The False Claims Act (FCA) allows you, as a whistleblower, to bring a lawsuit on behalf of the government against entities that commit fraud against government programs. If your claim leads to a recovery, you may be entitled to a portion of the recovery. Importantly, the FCA includes provisions that protect whistleblowers from retaliation, including reinstatement, double back pay and compensation for any special damages, including litigation costs and attorneys’ fees.
The Sarbanes-Oxley Act protects financial sector whistleblowers who report fraud and violations of SEC rules and regulations. The act covers actions such as providing false or misleading statements on financial performance, making it crucial for corporate accountability. Protections under this act include job reinstatement with the same seniority status, back pay with interest and compensation for any other damages incurred due to the retaliation.
The Whistleblower Protection Act specifically protects federal employees who disclose information they believe shows a violation of any law, rule, or regulation, or gross mismanagement, gross waste of funds, abuse of authority or a substantial and specific danger to public health or safety. Under this act, protected employees are entitled to remedies that can include job reinstatement, back pay and coverage of legal fees.
Types Of Retaliation And How To Identify Them
Retaliation occurs when an employer takes adverse action against an employee who has engaged in legally protected activity, such as whistleblowing. Identifying retaliation can sometimes be challenging, especially when it is not overt. It is essential to document every incident that may seem retaliatory. Keep records of emails, meeting notes and any communications related to your whistleblowing and subsequent treatment.
Common forms of retaliation include:
- Demotion
- Termination
- Harassment
- Reduced pay or hours
You may also experience subtle retaliatory actions, including sudden exclusion from staff meetings or team projects without a valid reason, unwarranted poor performance reviews or disciplinary action, denial of access to resources needed to do your job and intimidation tactics, such as threats to your career or personal life.
The Whistleblower Lawyer You Can Trust
When you decide to stand up against wrongful practices within your workplace, you need a strong and experienced legal advocate by your side. With over 25 years of experience, I have successfully helped numerous clients navigate the challenging waters of whistleblower claims, securing their rights and protecting their financial and professional futures. I strive to protect the rights of whistleblowers and hold employers accountable for their actions. This commitment is rooted in a firm belief in transparency, justice and the crucial role that whistleblowers play in maintaining integrity within the workplace.
Navigating whistleblower laws and retaliation claims requires a deep understanding of the law and a strategic approach tailored to each unique situation. With my experience, I ensure that your case is handled with the utmost care and professionalism, aiming for the best possible resolution.
What Types Of Actions Are Considered Retaliatory?
Retaliation in the workplace can manifest in various forms, both direct and indirect, making it crucial for employees to recognize these actions. Common examples of direct retaliatory actions include termination, demotion, harassment and reduced pay or hours. These are clear and immediate responses to an employee’s whistleblowing activities.
Indirect retaliation can be subtler but equally damaging. It may involve exclusion from meetings, being passed over for promotions, sudden and unjustified negative performance reviews or the relocation of your workspace to less desirable conditions without valid reason. Indirect retaliatory actions are designed to discourage and demoralize the whistleblower.
What Should I Do If I Suspect Retaliation At Work?
First, start by documenting every incident that you perceive as retaliatory. Keep detailed records including dates, times, descriptions of the incidents and names of any witnesses. Emails, text messages and any other communications related to the incidents should be preserved as they can serve as important evidence.
Additionally, you need to gather evidence to prove your claim, including a log of relevant events, performance reviews and collecting any communications. Once you have documented the incidents and gathered evidence, it is highly advisable to consult with an experienced whistleblower lawyer. I can provide you with a clear understanding of your legal options and guide you through the process of protecting your rights and addressing the retaliation.
How Can I Prove That I Was Retaliated Against?
Proving retaliation in the workplace involves demonstrating a clear link between your whistleblowing activity and the adverse actions taken by your employer. Documentation plays a crucial role in this process. It is essential to keep detailed records of all interactions and events related to your whistleblowing and subsequent treatment. You should also gather evidence such as witness statements, comparative reports of treatment received by other employees who did not blow the whistle, and any communications from supervisors or HR regarding your actions.
Circumstantial evidence often plays a significant role in whistleblower cases. This type of evidence can help to establish a pattern or motive of retaliation when direct evidence might not be available. For instance, if a series of negative actions began shortly after your whistleblowing, this timing can be used to support your claim.
The burden of proof in whistleblower cases typically requires you to show that your whistleblowing was a contributing factor in the adverse actions taken against you. This does not mean you need to prove it was the sole reason, but it must be part of the cause. Your detailed documentation and the circumstantial evidence combined help to meet this burden of proof and strengthen your case against retaliation.
What Protections Do Whistleblowers Have Under The Law?
Federal and Delaware state laws provide a strong shield for whistleblowers, ensuring that individuals who report misconduct are not subjected to retaliation by their employers. These laws are designed to safeguard your position and may include benefits such as job reinstatement, compensation for damages and legal fee coverage.
Federal laws include the False Claims Act, the Sarbanes-Oxley Act and the Whistleblower Protection Act. Delaware also has a state-specific law called the Delaware Whistleblowers’ Protection Act that protects employees who report or threaten to report violations of Delaware laws, participate in investigations, hearings, or inquiries or refuse to engage in violations.
Take Action Now To Protect Your Rights
If you believe you have been retaliated against after reporting misconduct at your workplace, do not wait to connect with an experienced attorney to protect your rights. Contact me at LaRosa & Associates, today by calling 888-854-2012 or fill out an online contact form to schedule a consultation in Wilmington or by video.