What To Do If You Face Whistleblower Retaliation: A Legal Guide
Speaking up about wrongdoing in the workplace takes courage. Whether it’s blowing the whistle on fraud, safety violations, discrimination, or another illegal act, whistleblowers play a vital role in holding employers accountable. But doing the right thing doesn’t always come without consequences. In many cases, workers who blow the whistle are targeted by their employers in subtle or direct ways.
This is known as retaliation, and it’s against the law.
If you’ve experienced retaliation after reporting misconduct, you might feel overwhelmed, stressed, and unsure about what to do next. This guide breaks down what whistleblowing means, what retaliation looks like, and how the law protects you. We’ll also cover what kind of compensation you might be entitled to, and how an attorney can help you through the legal process.
Introduction to Whistleblower Protections
Whistleblower protections are essential for promoting a culture of accountability and transparency within the federal government.
The federal employee responsible for enforcing these protections is the Office of the Inspector General (OIG), an independent law enforcement agency that oversees the federal government’s activities.
Other law enforcement agencies, such as the Federal Bureau of Investigation (FBI), also play a crucial role in protecting whistleblowers.
Whistleblower laws, including the Whistleblower Protection Act and the Inspector General Act, provide employees with the necessary protections to report wrongdoing without fear of retaliation. Personal services contractors, who work with federal agencies, are also protected from retaliation under these laws.
What Is Whistle-blowing, and Who Qualifies as a Whistleblower Under the Whistleblower Protection Act?
Whistleblowing is when an employee reports illegal, unethical, or unsafe practices within a company or organization. This can include a wide range of wrongdoing, such as:
- Fraud or financial misconduct
- Discrimination or harassment
- Safety violations
- Wage theft or labor law violations
- Environmental harm
Whistle blowing protections apply to current or former employees, contractors, interns, and even job applicants who report wrongdoing.
A whistleblower is the person who reports this misconduct—either internally (to a supervisor or HR department) or externally.
You don’t need to be a full-time employee to be considered a whistleblower. \Contractors, interns, former employees, and even job applicants may also qualify if they’ve reported wrongdoing and experienced retaliation.
This includes a personal services contractor or a employee responsible for disclosing misconduct.
If You Face Whistleblower Retaliation, you are not alone.
Some of the most common whistleblowing protections are found under laws like:
- The Occupational Safety and Health Act (OSHA)
- The Sarbanes-Oxley Act (for financial fraud)
- The False Claims Act (for government contract fraud)
- Title VII of the Civil Rights Act (for discrimination and harassment)
- Laws governing federal employment and government contractors
It is important to note that employee obligations under nondisclosure agreements must align with existing statutory and executive order provisions related to protections to whistleblowers.
To be legally protected, your report typically must involve conduct that violates a law, regulation, or public policy—not just personal grievances or management style disagreements.
If you work for the government, or are classified as a personal services contractor, you may fall under additional protections that ensure you are not retaliated against for speaking up.
Federal policies are designed to protect individuals acting in the public interest from unjust punishment or job loss.
Understanding Whistleblower Rights
Employees and personal services contractors at a federal level have the right to make protected disclosures, which are reports of wrongdoing made in good faith and not solely for personal gain.
These disclosures can include reports of waste, fraud, abuse, or gross mismanagement, as well as substantial and specific dangers to public health or safety.
The Merit Systems Protection Board (MSPB) and the Office of Special Counsel (OSC) are responsible for enforcing protections for whistleblowers and investigating retaliation complaints.
Employees who make protected disclosures are protected from retaliation, including pending personnel actions, and have the right to file a retaliation complaint with the OSC.
The Whistleblower Protection Enhancement Act of 2012 strengthened these protections and expanded them to include more federal employees.
What Is Retaliation?
Retaliation happens when an employer takes negative action against an employee because they engaged in a legally protected activity—like reporting misconduct.
If you experience retaliation, it is crucial to report retaliation to the appropriate authorities to ensure your rights are protected.
Retaliation can take many forms, including:
- Termination or demotion
- Pay cuts or loss of hours
- Unfair disciplinary action
- Harassment or bullying
- Isolation or exclusion
- Bad performance reviews
- Denial of promotions or training opportunities
Here are a few examples:
- You report unsafe equipment at a warehouse to OSHA, and two weeks later, your hours are cut in half.
- You file a complaint about wage theft, and suddenly your manager begins writing you up for minor infractions.
- You speak up about workplace harassment, and you’re reassigned to a less desirable shift.
If you believe you have been retaliated against, you can file a reprisal complaint with the relevant agency to seek redress.
In each of these examples, the employer is retaliating in response to the employee’s protected action. If a causal link can be shown between your whistleblowing and the employer’s response, you may have a strong claim.
The key is that the employer’s action must be materially adverse—meaning it would deter a reasonable person from reporting wrongdoing in the future.
Employers Are Not Entitled to Retaliate Against Whistleblowers: Understanding Protections for Whistleblower
Under both federal and state law, retaliation against whistleblowers is prohibited. If You Face Whistleblower Retaliation, is highly recommend to get in touch with a lawyer.
If you’ve engaged in legally protected activity, such as filing a complaint, reporting a violation, or participating in an investigation, your employer cannot punish you for it. This applies even if the claim you made turns out to be unsubstantiated—so long as you had a good-faith belief that misconduct occurred.
Adverse Employment Actions That May Constitute Retaliation:
- Getting fired or laid off
- Being demoted or denied a promotion
- Receiving a pay cut
- Having job duties reassigned as a form of punishment
- Facing unjustified poor performance reviews
- Being denied access to tools or information needed for your job
- Being excluded from meetings or projects
These forms of retaliation can be devastating for whistleblowers. In some cases, it may feel like the employer is trying to push you out. Fortunately, strong protections for whistleblowers are available under both state and federal law.
Employees of the government at a federal level are also shielded under specific provisions. An employeeresponsible for exposing fraud or abuse may be protected under the Whistleblower Protection Act. Similarly, a personal services contractor working under a federal contract enjoys certain legal rights.
In some cases, a personal services contractor may not even be aware that they qualify for these protections for whistleblowers. If you’re unsure, consulting with a legal expert who understands federal employment rules can help clarify your rights. Furthermore, if your disclosure leads to an investigation by an other agency, this can further bolster your case against retaliation.
Protected Disclosures and Laws for Whistleblower
Protected disclosures are reports of wrongdoing made by employees or personal services contractors to an authorized official, such as an inspector general or an agency. These disclosures can be made orally or in writing and must be based on a reasonable belief that wrongdoing has occurred.
The Inspector General Act’s provisions require inspectors general to investigate protected disclosures and report their findings to the head of the agency and to Congress.
Employees who make protected disclosures are protected from retaliation, including retaliatory personnel actions, and have the right to appeal to the MSPB if they experience retaliation.
The OIG Whistleblower Protection Coordinator is responsible for educating federal employees about their rights and responsibilities under whistleblower laws.
What Sort of Compensation Could I Be Entitled To?
If you’ve been retaliated against for whistleblowing, you may be entitled to compensation for your losses. The types and amount of compensation depend on the severity of the retaliation and the laws involved.
Here are some of the most common types of damages:
Lost Wages
This includes wages you lost due to being fired, demoted, or having your hours reduced. It may also include future wages if the retaliation forced you to quit or left you unemployed.
Back Pay
Courts often award back pay to restore the income you lost as a result of retaliation.
Reinstatement
If you were fired, a court may order that you be reinstated to your former job.
Emotional Distress
Being retaliated against can cause anxiety, depression, and other mental health issues. You may be compensated for this pain and suffering.
Punitive Damages
In especially severe cases, courts may award punitive damages to punish the employer and deter similar behavior.
Attorney’s Fees and Legal Costs
Most laws protecting whistleblowers allow successful plaintiffs to recover the cost of hiring a lawyer.
Example:
Let’s say you report illegal pollution practices at your company. A month later, you’re fired without cause. You’re unemployed for six months and suffer emotional distress as a result. You could be entitled to:
- Six months of lost wages
- Compensation for therapy and mental health care
- Legal costs
- Punitive damages if the employer’s conduct was especially malicious
With the help of strong protections for whistleblowers, employees—including employees and personal services contractors—can seek justice and financial recovery.
What Should You Do After You’ve Been Retaliated Against for Whistleblowing to Ensure You Are Protected from Retaliation?
Taking action early is important. Here are four steps you should take—and a few things to avoid—after experiencing whistleblower retaliation:
1. Keep Records
Start documenting everything. Keep emails, performance reviews, schedules, and notes about any retaliatory behavior. Record the timeline of events, starting from your initial report to the present.
2. Report the Retaliation Internally
If your workplace has an HR department or a retaliation policy, report what’s happening. Be specific and provide documentation. Even if you think HR won’t help, this step shows that you tried to resolve the issue internally.
3. File Retaliation Complaints with the Right Agency
Depending on the type of retaliation, you may need to file with:
- The Occupational Safety and Health Administration (OSHA)
- The Equal Employment Opportunity Commission (EEOC)
- Your state’s labor department
- The Merit Systems Protection Board for eligible federal cases
Filing a complaint is a crucial step in protecting your employment rights and ensuring that you are not subjected to further retaliation.
4. Talk to an Employment Lawyer
Retaliation claims can be difficult to prove. A lawyer can assess your case, help you file complaints, and if necessary, represent you in court.
What to Avoid:
- Don’t quit your job without speaking to an attorney first.
- Don’t delete emails or texts—these may serve as evidence.
- Don’t confront your supervisor in a way that could backfire legally.
Whistleblower Retaliation Examples
Whistleblower retaliation can take many different forms, and it doesn’t always look the same from one workplace to another. Sometimes it’s overt—like being fired right after reporting misconduct. Other times, it’s more subtle but just as damaging. Understanding real-world examples of retaliation can help you recognize it in your own situation.
For instance, an employee who reports that their supervisor is falsifying financial reports might suddenly receive negative performance reviews, despite previously positive evaluations. This sudden shift in how the employee is treated can be a strong indicator of retaliation.
In another case, a nurse might raise concerns about unsafe patient care practices. Soon after, they could be moved to an undesirable shift or excluded from meetings they used to attend regularly. This kind of reassignment can not only damage the nurse’s professional development but also send a message to others not to speak up.
Sometimes retaliation comes in the form of social isolation. An employee may be completely ignored after filing a complaint, shut out of team communications, or excluded from important decision-making. This can lead to feelings of isolation and make it nearly impossible to do their job effectively.
In more severe cases, an employer might initiate a series of unfounded disciplinary actions in an attempt to build a case for eventual termination. The paper trail of warnings and write-ups may be fabricated or exaggerated, all aimed at making the employee look like a problem rather than a whistleblower.
Each of these situations is different, but they all share one thing in common: the employee is being punished for doing the right thing. And that’s exactly why whistleblower protections exist—to stop these unjust outcomes from happening and to provide a legal remedy when they do.
State and Industry-Specific Protections
In addition to federal whistleblower protections, many states and industries have their own laws and regulations that protect whistleblowers. For example, the California Whistleblower Protection Act protects employees who report wrongdoing or waste in state government, while the New York State Whistleblower Protection Law protects employees who report wrongdoing or waste in state government.
The financial industry also has its own whistleblower protections, including the Dodd-Frank Wall Street Reform and Consumer Protection Act, which protects employees who report financial misconduct.
International Protections
Whistleblower protections are not limited to the United States. Many countries have their own laws and regulations that protect whistleblowers, including the United Kingdom, Canada, and Australia.
The European Union also has a whistleblower protection directive that requires member states to establish protections for whistleblowers. International organizations, such as the United Nations, also have whistleblower protections in place to protect employees who report wrongdoing or misconduct.
What Can an Attorney Do to Help?
An experienced employment lawyer can guide you through the entire legal process. Here are just some of the ways they can support you:
- Review Your Case – Evaluate whether your experience qualifies as retaliation under the law.
- Collect Evidence – Help you gather documentation to build a strong claim.
- Handle Agency Filings – File complaints with OSHA, the EEOC, or state agencies.
- Negotiate Settlements – Engage with your employer to seek compensation without going to trial.
- Represent You in Court – If needed, present your case before a judge or jury.
- Protect You from Further Retaliation – Advise on how to respond if retaliation continues.
- Ensure You Meet Deadlines – Help you avoid missing filing deadlines that could hurt your claim.
How Much Does It Cost to Hire an Employment Law Attorney?
Most employment law attorneys who handle retaliation cases work on a contingency fee basis. Here’s what that means:
- You Don’t Pay Upfront: No retainer or hourly billing.
- You Only Pay If You Win: The lawyer takes a percentage of your settlement or award (usually 25% to 40%).
- Free Consultation: Many attorneys offer an initial case evaluation at no cost.
This arrangement allows workers—especially those who’ve just lost their job—to access legal help without financial risk. Some attorneys also offer hybrid models or hourly billing, depending on the complexity of the case.
Contact 1-800-THE-LAW2 for a Free Consultation
If you’ve been retaliated against for reporting workplace wrongdoing, you have rights—and you’re not alone. 1-800-THE-LAW2 can connect you with an experienced employment law attorney who knows how to fight back.
Your consultation is free, confidential, and there’s no obligation. If you have a case, your attorney can help you seek justice and secure the compensation you deserve.
Whether you’re facing harassment, termination, or other forms of retaliation, an experienced lawyer can make sure your voice is heard. Whistleblower protections exist for a reason—make sure you exercise yours. Call 1-800-THE-LAW2 today and take the first step toward protecting your future.
