Retaliation Archives

Does a retaliatory investigation of a whistleblower violate whistleblower retaliation laws?

Under certain whistleblower protection laws, a retaliatory investigation can be actionable. Two cases decided under the Federal Rail Safety Act (FRSA) outline when an employer’s … Continued

Can a whistleblower prevail in a retaliation case if they had a performance problem prior to blowing the whistle?

A whistleblower can prevail in a retaliation case even if they had a performance problem or problems prior to blowing the whistle. To prevail in … Continued

What whistleblowing disclosures are protected under the Consumer Financial Protection Act whistleblower retaliation law?

Section 1057 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (CFPA) protects individuals who provide information to their employer, to the Bureau, … Continued

Do whistleblower protection laws bar associational discrimination or associational retaliation?

Associational discrimination occurs when an employer discriminates against an employee based on a close relationship with another person.

Image of Do whistleblower protection laws prohibit retaliation against an employee who is about to provide information to the government or threatens to file a complaint with federal authorities?

Do whistleblower protection laws prohibit retaliation against an employee who is about to provide information to the government or threatens to file a complaint with federal authorities?

Whistleblower Retaliation Against an Employee About to Blow the Whistle Yes, whistleblower protection laws prohibit retaliation against an employee who is about to report or … Continued

Are second-hand whistleblower reports credible, and do they merit investigation?

Study Reveals that Second-Hand Whistleblower Reports Are Credible A recent study found that second-hand whistleblower reports can be credible and merit investigation. The study found … Continued

What Virginia laws prohibit retaliation against an employee for reporting discrimination?

Both state and federal law prohibits employers in Virginia from retaliating against employees for reporting discrimination.

Is a negative performance evaluation an actionable retaliatory action or adverse employment action?

Courts have held that where performance improvement plans and negative performance reviews precede an eventual termination, they may constitute adverse actions. See, e.g., Winston v. Verizon … Continued

If I complain about harassment and then am retaliated against, what rights do I have?

Most anti-discrimination laws have an anti-retaliation provision in them as well. If your employer retaliates against you, let’s say they fire you or … Continued

What if my employer retaliates against me for filing a discrimination claim?

Most anti-discrimination laws also contain an anti-retaliation provision. That means the Congress has made clear that they want employees to come forward with concerns … Continued

What is retaliation?

Retaliation is, unfortunately, an all too common phenomenon at work. What this means is that an employee has either asserted a charge of … Continued