Are Whistleblower and Anti-retaliation Laws the Same?
No, unfortunately whistleblower and anti-retaliation laws generally take on the same rights and remedies as the law relating to the underlying right they protect, which means that they can vary widely from one another.
Since each law with an employee protection is unique, victims of retaliation may face a patchwork of procedures and possibilities. Employees who have the confidence to speak up sometimes have opposed various kinds of unlawful activity.
The analysis of which legal claim to pursue must start with a sincere attempt to understand why the employer retaliated.
- Did the decision maker state his or her reasons?
- Has the employer stated in writing a reason that is illegal?
- Do the circumstances of timing, animosity, or a pattern reveal what the employer’s true motives are?
- If your company has a progressive discipline policy, was it speeded up or ignored in your case?
- Have other employees been fired for whistleblowing or retaliatory reasons?
If the clues point clearly to one particular unlawful reason, then it is usually best to pursue the remedies under the law that makes that reason unlawful. Other considerations can include:
- Whether you have missed time limits to enforce some rights
- Whether the enforcement agency has a reputation of being effective or not
- The remedies that are available
- The familiarity you or your attorney have with each process
If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has the answers. Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.
Courtesy of Workplace Fairness. For more information regarding the article, visit http://www.workplacefairness.org/general-whistleblowing
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