What Are Whistleblower Laws?

Unfortunately, many companies still engage in illegal or unethical practices today. As a professional, you may find yourself in a situation where you witness or are pressured to participate in such activities during your career.

To navigate these challenges, it’s essential to understand the laws that protect whistleblowers who choose to speak out against their employers. In this article, we’ll explore your rights as a whistleblower, the investigation process, and how to identify and report workplace retaliation effectively.

Key Takeaways:

• Whistleblower laws protect employees who report violations of workplace safety, health, or ethical standards committed by their employer.

• Before filing a complaint, conduct thorough research and consult a lawyer to ascertain whether your employer’s actions were illegal.

• Be aware of time limits for filing complaints, and understand that anonymity is not an option in the process.

What Are Whistleblower Laws?

Whistleblower laws are designed to protect employees who expose violations related to workplace safety, health, or ethical conduct committed by their employers. In today’s labor market, where remote and hybrid work models are prevalent, the risks of retaliation for whistleblowers have not diminished.

Most individuals rely on their employment for financial stability, making it daunting to speak out against unethical practices. To address this, the Occupational Safety and Health Administration (OSHA) enforces regulations designed to penalize companies that retaliate against whistleblowers.

How to File a Whistleblower Complaint

1. Determine if your employer retaliated against you for engaging in protected activity. Exposing workplace violations qualifies as a protected activity if the violations fall under any statutes listed by OSHA’s Directorate of Whistleblower Protection Programs (DWPP).

   Significant examples of violations include:

   • Asbestos

   • Consumer products

   • Motor vehicle safety

   • Public transportation

   • Food safety

   • Financial fraud

2. Consult a lawyer. Before filing a whistleblower claim, seek advice from a legal expert or thoroughly research relevant statutes regarding the specific workplace violation.

   It’s important to note that there are no overarching laws providing protection for whistleblowers reporting serious health violations in many cases.

3. Do your research. In addition to DWPP guidelines, familiarize yourself with your state’s whistleblower laws. For instance, New Jersey has the Conscientious Employee Protection Act, which offers rights not available in many other states.

4. Understand retaliation tactics. Retaliation can manifest in various ways, including:

   • Demotion

   • Job termination

   • Salary reduction

   • Job reassignment

   • Unfavorable shift changes

   Proving retaliation can sometimes be challenging, especially if an employer can argue that a decision was based on legitimate business reasons.

5. Report it to OSHA. If you believe you have a valid whistleblower complaint, you can submit it to OSHA through various methods:

   • Online. Use the Online Whistleblower Complaint Form, which guides you through the filing process. This option is particularly convenient for those in states with OSHA-approved plans.

   • Mail/Email/Fax. Complete and print the Online Whistleblower Complaint Form, then locate your local OSHA office using OSHA’s office mapping tool. Ensure your correspondence includes your contact details.

   • Telephone. Call your local OSHA office for guidance on the filing process.

   • In-person. Visit your local OSHA office to submit your complaint directly.

While not mandatory, including supporting evidence such as your job description, pay stubs, hiring/termination letters, and disciplinary actions can strengthen your complaint.

6. After your report. Once filed, OSHA will investigate to determine if further action is warranted by interviewing you and relevant company officials.

   If the investigation is deemed necessary, OSHA will collect evidence and witness statements to substantiate your claim.

What to Consider Before Filing a Whistleblower Complaint

Before proceeding, consider the following:

1. Time limit. You have a limited timeframe to file a whistleblower complaint after experiencing retaliation, which varies depending on the nature of the violation. Many time frames are outlined in OSHA’s DWPP.

2. No anonymity. Whistleblower complaints cannot be filed anonymously. While OSHA will initially protect your identity, they must notify your employer of the investigation.

3. Whistleblower complaints are not for safety violations. These complaints address retaliation, not initial safety violations. For reporting health and safety code violations, file a Notice of Alleged Safety or Health Hazards.

What You Can Expect During a Whistleblower Investigation

During an investigation, OSHA will assess whether the following statements are substantiated:

• The employee engaged in protected activity.

• The employer was aware of or suspected this activity.

• The employer took adverse action.

• The protected activity motivated or contributed to the adverse action.

OSHA may rely on:

1. Direct evidence. This includes clear physical or testimonial proof indicating the employer’s awareness of the whistleblower’s actions, such as a supervisor’s email warning against reporting violations.

2. Inference. If causation seems evident, OSHA may not require direct evidence. For instance, if an employee is terminated immediately after reporting a violation, the timing may suggest retaliatory intent.

Preserve any evidence related to your claim, including emails, letters, phone logs, and any relevant documentation. Both parties will be given the opportunity to present their positions during the investigation.

If OSHA rules in your favor and a settlement is not reached, they may order compensation, which can include:

• Restored benefits

• Reinstatement of terminated employees

• Compensation for lost wages

• Other remedies to restore the employee’s situation.

Final Thoughts

This overview outlines OSHA’s general procedures for investigating whistleblower complaints. However, keep in mind that procedures can vary significantly based on the specific law that was violated. For instance, the compensation processes under different acts may differ considerably.

Even after OSHA’s determination, further legal actions may be necessary to secure compensation, which will involve the Secretary of Labor filing suit in federal court.

Author

Chris Kolmar

Chris Kolmar is a co-founder of Zippia and the editor-in-chief of the Zippia career advice blog. He has hired over 50 people in his career, been hired five times, and wants to help you land your next job. His research has been featured on the New York Times, Thrillist, VOX, The Atlantic, and a host of local news. More recently, he's been quoted on USA Today, BusinessInsider, and CNBC.