Employers engaging in unlawful or unsafe activities may not get caught unless their employees step up and expose these wrongdoings. Whistleblowers often file complaints relating to workplace issues such as:
- Financial fraud
- Discrimination and harassment
- Workplace safety hazards or violations
- Corruption
Many employees may be scared to speak up in fear of retaliation from their employer. According to the U.S. Equal Employment Opportunity Commission (EEOC), it is unlawful for employers to take adverse action against a job applicant or employee for filing a complaint or grievance regarding behavior at the workplace. Even with these protections in place, employers may retaliate against whistleblowers through:
- Termination of their employment
- Harassment
- Demotion
- Failure to hire
- Reduction of salary or work hours
- Reassignment to lower-level position
- Creation of a hostile work environment
If an employee in Florida experiences retaliation after engaging in a protected activity such as whistleblowing, they may file a claim with the EEOC or the Florida Commission on Human Relations (FCHR). The employee will have one year after the alleged retaliatory action to file their claim.
Once the claim is filed, there will be an investigation. Whistleblowers can establish their case by presenting evidence that shows that there was a connection between the complaint they filed, and the adverse action taken against them by the employer. The following evidence can help prove their claim:
- Documentation to show that the plaintiff filed a complaint to report the unlawful activity
- Correspondence with supervisors, witness testimony, and documentation to establish when retaliation occurred and what retaliatory actions were taken
- Performance reviews to establish there were no issues with the employee’s performance prior to the filing of their complaint
- Evidence showing that non-whistleblowers were treated more favorably than whistleblowers
Employees have an obligation to report wrongdoings at the workplace and should not be punished for taking action. Employers who retaliate against whistleblowers may be required to reinstate the whistleblower and pay them compensation for their pain and suffering and lost wages.