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WHISTLEBLOWER | RETALIATION

Whistle Blower

Retaliation and Whistleblower Attorneys

Retaliation against whistleblowers is common; some employers even encourage it. It is your right and duty as an employee to report wrongdoing in your workplace. Whether you notice executive misconduct or want to bring attention to discrimination against you or others, your actions should not be punished. However, some employers seek to do just that by demoting, transferring or firing so-called “whistleblowers.” Employers often use these and other retaliatory tactics when an employee reports discrimination or retaliatory conduct.

Such conduct is often an attempt to distance him or her from the company and to intimidate other employees from coming forward. This practice, called retaliation, is illegal. Affected employees may be eligible to bring retaliation lawsuits against their Florida employers. They need to hire a whistleblower retaliation attorney.

Employees Should Report Misconduct, Harassment, or Discrimination

It is particularly important for employees who want to report misconduct, harassment, or discrimination in the workplace to know their rights before they report such events. This is because not all complaints of misconduct are “protected activity” for which an employer cannot retaliate. Further, even if the complaint is about protected activity, an employee can lose that protection based on the manner in which he or she complains. The result can be that the employee is terminated, ineligible for unemployment benefits, and without a viable legal claim.

We Guide Wronged Employees Through the Litigation Process

The EEOC lawyers of Massey & Duffy, PLLC, serving Florida, can guide wronged employees through the claim process with the EEOC and the details of their retaliation lawsuits. In addition, our lawyers handle whistleblower claims arising under Florida law and can help these employees seek relief in court. Whistleblower retaliation remedies vary by circumstance, and legal guidance is absolutely necessary.

List of Whistleblower Related Laws

Whistleblower or Retaliation Statutes are Extremely Numerous and Include:

  • First Amendment
  • Civil Rights Act of 1871
  • Affordable Care Act (ACA)
  • Age Discrimination in Employment Act (ADEA)
  • Americans with Disabilities Act (ADA)
  • American Recovery and Reinvestment Act (ARRA)
  • Asbestos Hazard Emergency Response Act of 1986
  • Asbestos School Hazard Detection & Control Act
  • Atomic Energy and Energy Reorganization Acts
  • Bankruptcy
  • Civil Rights Act of 1964 (Title VII)
  • Civil Rights of Institutionalized Persons Act
  • Civil Service Reform Act
  • Civil Service Reform Act (FBI employees)
  • Civilian Employees of the Armed Forces
  • Civil War Reconstruction Era Federal Civil Rights Statutes
  • Clayton Act (antitrust)
  • Clean Air Act
  • Clean Water Act
  • Coast Guard whistleblower protection [Commercial Fishing Industry Vessel Act] and Seaman’s Protection Act
  • Commercial Motor Vehicles Program (see STAA)
  • Comprehensive Environmental Response, Compensation and Liability Act (“Super Fund”)
  • Congressional Accountability Act
  • Consumer Credit Protection Act (garnishments)
  • Consumer Product Safety Improvement Act (CPSIA)
  • Contractor Employees of the Armed Forces
  • Credit Union Employee Protection
  • Department of Energy Defense Activities Whistleblower Protection
  • Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Commodity Exchange Act reward)
  • Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (employee protection)
  • Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (obstruction of justice)
  • Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Securities Exchange Act reward)
  • Education Amendments of 1972 (Title IX)
  • Employee Polygraph Protection Act
  • Employee Retirement Income Security Act (ERISA)
  • Energy Reorganization Act
  • Equal Pay Act
  • Fair Labor Standards Act (wage & hour, child labor, minimum wage, overtime)
  • False Claims Act (FCA) (qui tam provision)
  • False Claims Act (retaliation provision)
  • Family and Medical Leave Act “[FMLA”]
  • Federal Acquisition Regulations (FAR)
  • Federal Bureau of Investigation (FBI) employees
  • Federal Credit Union Act (FCUA)
  • Federal Railroad Safety Act (FRSA)
  • Federal Deposit Insurance Corporation
  • Federal Deposit Insurance Corporation
  • Federal Employers Liability Act (FELA)
  • Federal Home Loan Banks, Resolution Trust Corporation
  • Federal Mine Health and Safety Act
  • Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), covering banks with insurance from the Federal Deposit Insurance Corporation (FDIC)
  • Food Safety Modernization Act (FSMA), Section 402
  • Foreign Corrupt Practices Act (FCPA), as enforced through Dodd-Frank
  • Foreign Service Act of 1980
  • IRS whistleblower rewards
  • Inspector General of the Intelligence Community
  • International Safe Container Act of 1977
  • Jones Act (Maritime employees) [See also Seaman’s Protection Act]
  • Jury Duty Act (for service on federal juries)
  • Labor Management Relations Act
  • Lloyd-LaFollette Act
  • Longshoreman’s and Harbor Worker’s Compensation Act
  • Major Fraud Act of 1989
  • Migrant and Seasonal Agricultural Workers Protection Act
  • Military Whistleblower Protection Act
  • Monetary Transactions
  • National Credit Union Act (NCUA)
  • National Labor Relations Act
  • National Transit Systems Security Act of 2007 (NTSSA)
  • Occupational Safety and Health Act
  • Patient Protection and Affordable Care Act
  • Pipeline Safety Improvement Act
  • Privacy Act
  • Public Health Service Act
  • Racketeer Influenced & Corrupt Organizations Act (“RICO”)
  • Railway Safety Labor Act
  • Railway Security
  • Rehabilitation Act
  • Safe Containers for International Cargo Act
  • Safe Drinking Water Act
  • Sarbanes Oxley Act
  • Seaman’s Protection Act (SPA) as amended by Section 611 of the Coast Guard Authorization Act of 2010, P.L. 111-281
  • Solid Waste Disposal Act (including RCRA)
  • Surface Mining Control and Reclamation Act
  • Surface Transportation Assistance Act (STAA)
  • Toxic Substances Control Act
  • Uniformed Services Employment and Reemployment Rights Act of 1994
  • [Federal] Water Pollution Control Act (“Clean Water Act”)
  • Welfare and Pensions Disclosure Act
  • Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (“AIR 21”)
  • Whistleblower Protection Act (federal government employees)
  • Workforce Investment Act, (“Welfare to Work”), formerly Job Training and Partnership Act (JTPA)

Contact Our Attorneys Today

If you may become involved in litigation as a result of unlawful retaliation and/or have a whistleblower claim, and are looking for experienced legal counsel, contact Massey & Duffy, PLLC, today for a free consultation. We would be happy to discuss your legal situation and advise you on the best legal course of action.

Frequently Asked Questions About Retaliation and Whistleblower

What does retaliation and what does it have to do with whistleblowing?

Retaliation against whistleblowers is common; some employers even encourage it. It is your right and duty as an employee to report wrongdoing in your workplace. Whether you notice executive misconduct or want to bring attention to discrimination against you or others, your actions should not be punished. However, some employers seek to do just that by demoting, transferring or firing so-called “whistleblowers.” Employers often use these and other retaliatory tactics when an employee reports discrimination or retaliatory conduct.

What happens when an employee reports misconduct of an employer improperly?

It is particularly important for employees who want to report misconduct, harassment, or discrimination in the workplace to know their rights before they report such events. This is because not all complaints of misconduct are “protected activity” for which an employer cannot retaliate. Further, even if the complaint is about protected activity, an employee can lose that protection based on the manner in which he or she complains.

Are the lawyers of Massey and Duffy, PLLC knowledgable about the Equal Employment Opportunity Commission (EEOC)?

The EEOC lawyers of Massey & Duffy, PLLC, serving Florida, can guide wronged employees through the claim process with the EEOC and the details of their retaliation lawsuits. In addition, our lawyers handle whistleblower claims arising under Florida law and can help these employees seek relief in court. Whistleblower retaliation remedies vary by circumstance, and legal guidance is absolutely necessary.