Proving Whistleblower Retaliation: What Is Needed? By Dan Atkerson on November 26, 2022

If your employer has retaliated against you after reporting unethical behavior, financial wrongdoings, or other illegal activities, you may wish to file a whistleblower lawsuit. At the Law Offices of Dan A. Atkerson, serving Allen, Plano, Frisco, TX, and surrounding areas,

Dan Atkerson can provide you with the legal expertise and support you need to protect your rights, navigate the legal system, and achieve a successful outcome in your case.

How do you prove retaliation in a whistleblowing lawsuit? Here are some general steps you can take to obtain a favorable outcome.

Seek Legal Advice

Whistleblower laws can be complex, and an attorney can help you understand your rights and options. A lawyer can review your case and determine if you are being unfairly targeted or punished for your actions. They can help you gather and organize the evidence you need to support your case, and negotiate with your employer or the government on your behalf to help you reach a favorable settlement or outcome.

If your case goes to court, you will need an experienced employment law attorney to represent you in court and argue your case before a judge or jury. The end goal is to help you maximize the compensation you are entitled to receive, including any rewards or damages for which you may be eligible.

Keep Records for Evidence

Keep a detailed record of any incidents related to the retaliation you have experienced, including the dates, times, and any witnesses present. This can include witness statements, emails, or other documentation that supports your claim. These records can help establish a pattern of behavior and demonstrate that the retaliation was directly related to your whistleblowing activity.

It's important to continue to document any incidents related to retaliation, even after you have filed a complaint. This will help you build a stronger case and demonstrate a consistent pattern of behavior on the part of your employer.

Review Company Policies

Many companies have internal policies that protect whistleblowers from retaliation and provide procedures for reporting potential misconduct. If your employer has a policy related to whistleblowing, it is important to follow the procedures outlined in the policy. This can help protect you from retaliation and demonstrate that you took reasonable steps to address any concerns you had about potential misconduct.

In addition, if your employer violates its own policy by retaliating against you for whistleblowing, this can strengthen your case and provide additional evidence of wrongful conduct on the part of your employer.

However, it is important to note that even if your employer does not have a policy related to whistleblowing, you may still be protected under federal or state whistleblower laws. These laws provide legal protections for whistleblowers who report certain types of misconduct, such as fraud, waste, or abuse, and prohibit employers from retaliating against whistleblowers for their actions.

File a Complaint

If you believe that you have been retaliated against for whistleblowing, you may file a complaint with the appropriate agency. This can include the Occupational Safety and Health Administration (OSHA), the Equal Employment Opportunity Commission (EEOC), or your state's labor department.

Contact Attorney Dan A. Atkerson

Consult with an experienced employment lawyer who can help you understand the legal protections available to you and advise you on the best course of action. Attorney Dan Atkerson has been practicing law since 1984, and has handled many whistleblower cases. Send us a message online to discuss your claim.