Serving Employees And Employers

What Whistleblowing Means For You

Last updated on February 22, 2021

Whistleblowing occurs when an employee who opposes, complains about, reports, makes public, or threatens to make public the unlawful conduct of the employer, its managers, or employees and an employer retaliates against the employee for his opposition, complaints, reports or threats of unlawful conduct.

Examples Of Unlawful Conduct

  • Failure to pay overtime wages
  • Failure to provide rest and/or meal periods
  • Violation of immigration laws
  • Violation of consumer protection laws
  • Sexual harassment
  • Harassment or discrimination against persons who belong to a protected class
  • Misclassification as an independent contractor
  • Violations of health and safety regulations
  • Making false monetary claims against state or local governments
  • Misappropriation or embezzlement of government funds
  • Failure to pay sales taxes
  • Defrauding customers or suppliers
  • Misappropriation of proprietary information

Retaliation Is Unlawful

Retaliation against whistleblowers includes any adverse action by the employer that has a material effect on the terms, conditions or privileges of employment such as a termination, demotion, transfer to a job with significantly different responsibilities, failure to promote, a cut in pay or other significant change in benefits, or disciplinary action.

If you reported unlawful conduct at work and were retaliated against for doing so, you believe your employer has engaged in unlawful conduct but you are afraid to report for fear of retaliation or need assistance regarding how to handle an employee’s complaints regarding unlawful conduct, contact the DeVito Law Group for guidance and assistance.