Proving Whistleblower Retaliation
There are many ways for a corporate whistleblower to prove retaliation. One, did the employer offer an untrue explanation for the adverse action? Two, is there evidence of animus, i.e., did the employer express resentment for the employee’s whistleblowing? Three, is there evidence of unlawful retaliatory motive? Four, is there evidence that the employer’s explanation has changed over time? For example, did the employer claim one reason when it took the adverse employment action and offer a different explanation or reason during the litigation?