What Employers Need to Know to Avoid Potential Liability
Under federal law and in many states, most workers have protection against termination or other adverse employment consequences when they have exercised a legal right to disclose wrongful or unethical actions by an employer. The federal whistleblower and anti-retaliation statutes may be enforced by five different federal agencies:
- The Occupational Safety and Health Administration (OSHA)
- The Mine Safety and Health Administration (MSHA)
- The Office of Federal Contract Compliance Programs (OFCCP)
- The Wage and Hour Division of the U.S. Department of Labor
- The Veterans’ Employment and Training Service (VETS)
How Is Retaliation Defined under Federal Law?
An act may be considered retaliatory when an employer or representative of the employer (owner, administrator, supervisor or manager) terminates a worker or engages in any other action that can reasonably be considered to bring about an adverse consequence in the workplace when the action is motivated by the employee’s engagement or participation in a protected activity.
What Constitutes an Adverse Action under the Federal Statute?
The courts have construed an action to be adverse if it would persuade a reasonable employee not to express concerns about a potential wrongful or unethical act, or would persuade a worker not to engage in some protected activity.
What Are Protected Activities under the Federal Whistleblower Law?
Though the different agencies enforce an employee’s right to engage in different activities, as a general rule, employers must not engage in retaliation when an employee:
- Reports conduct that he or she reasonably believes to be in violation of federal law
- Assists or participates in an investigation of any activity reasonably believed to be a violation of federal law, including testifying as a witness
- Filing a complaint related to a perceived violation
- Notifying federal, state or local regulatory or law enforcement agencies of a perceived violation
Let Stephen Hans & Associates Handle Your Employment Law Concerns
At Stephen Hans & Associates, our attorneys are glad to answer your questions and provide legal advice. Years of experience have provided us with extensive knowledge regarding employment law. We have successfully represented many employers throughout the greater New York City area in litigation involving workplace disputes. Our offices are conveniently located in Long Island City with easy access from Manhattan.