Whistleblowing vs. Retaliation Claims
The question about what is the difference between whistleblowing and retaliation claims is essential to answer when considering whether to blow the whistle. These claims are often discussed interchangeably, but they are separate and distinct. Whistleblowing involves making a complaint about actions by an employer that are prohibited by law or regulation. Whistleblowing complaints rarely involve an employer’s personal issues or issues that affect only one person.
However, state and federal laws protect the rights of each worker to be free from retaliation for enforcing a broad range of employee rights. The laws also protect employees who blow the whistle on illegal acts that affect the greater good of the public or a group of employees. The anti-retaliation laws protect employees who attempt to enforce their personal rights provided by the law.
The laws that protect whistleblowers from retaliation provide for the protection of their employment, but these laws also provide recourse for the whistleblower if the employer discharges them. The anti-retaliation law applicable to whistleblowers provides for action against the employer to recover lost wages and to obtain other financial awards. However, the remedy for a violation of the whistleblower protection provisions of the law is to file a complaint with a government agency or with a court having jurisdiction.
Other anti-retaliation laws prevent employers from retaliating against employees who engage in protected activities beyond whistleblowing. Other anti-retaliation laws vary widely from one another in how they provide the victims with access to the corrective action. The other protected activities include those allowed by the Civil Rights Act of 1974, the Equal Employment Opportunity Commission, and state and federal fair labor practices acts.
Some laws such as the Fair Labor Standards Act gives victims of retaliation direct access to courts to enforce their right to job reinstatement, lost wages and other remedies. The Civil Rights Act of 1964 and the Sarbanes-Oxley Act requires victims to file first with an agency and then with the courts if the complaint is not resolved.
Each law with an employee protection provision is unique and victims of retaliation face a myriad of possibilities and procedures. Employees who want to speak up against a violation of any law should first understand their rights if they are subjected to retaliation. Employees will find it helpful to weigh the possible retaliation by their employer against the gain they hope to achieve. Although many laws protect an employee from retaliation, it may be very troublesome and costly benefit to get.
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