Workers may become whistleblowers out of concern for their safety or a sense of ethics. They do not want to end up implicated in the company’s illegal activity or to feel responsible if a coworker gets hurt due to unsafe work conditions.
Technically, both state statutes and federal regulations protect people who act as whistleblowers. Companies should not punish workers for reporting unsafe work conditions or regulatory infractions. Despite the rules prohibiting employer retaliation, it is still a concern for those who speak up about company misconduct.
Those who file lawsuits against their employers, report issues internally or bring concerns to the attention of regulatory authorities are considered whistleblowers. What forms of retaliation do they need to watch out for in order to protect themselves and their careers?
1. Inappropriate termination
The most severe form of retaliation is also the easiest to identify. Employers sometimes make the decision to terminate workers who have acted as whistleblowers.
Both a direct firing and inclusion in widespread layoffs can be retaliatory. Workers who lose their jobs after acting as whistleblowers may have reason to question whether the company fired them or laid them off to punish them.
2. Unrequested transfers
Companies don’t have to fire a worker to negatively impact their career. Sometimes, retaliation involves moving a worker to a different department. The worker may have fewer job opportunities and may be at greater risk of termination due to their lack of seniority.
Other times, unwanted transfers can involve moving a worker to a different facility or even another shift. Particularly when the transfer has negative implications for a worker’s pay, overall schedule or job title, it may be a form of inappropriate retaliation.
3. Questionable discipline or performance reviews
Many managers at successful companies know better than to overtly punish and retaliate against workers who act as whistleblowers. They may try to cover their misconduct by fabricating an excuse to demote, transfer or terminate a worker.
The worker may start receiving negative performance reviews even though their job performance has remained relatively stable. Other times, managers might start writing workers up for violations that previously went unaddressed. Especially if the whistleblower is the only person facing disciplinary action for tardiness or dress code violations, the write-ups they receive might be a thinly-veiled attempt to punish them.
Employees who act as whistleblowers need to know their rights and should proactively document their circumstances to protect themselves. Seeking legal guidance before whistleblowing and when responding to perceived company retaliation can help workers do the right thing without paying an unfair price.