Becoming a whistleblower is usually not an easy decision. Employees who discover that companies have done something illegal may feel anxious about reporting their concerns. However, doing so may be the most ethical option. It may also be beneficial for the company in the long run, as safety and regulatory infractions can affect the company’s reputation and solvency.
Workers become whistleblowers when they inform someone within the company of issues with the organization’s practices. Whistleblowing can also involve making a report to a government agency or initiating a qui tam lawsuit against an employer. Technically, both federal statutes and Rhode Island state laws protect people from employer retaliation if they act as whistleblowers. However, companies may still try to punish those who speak up about organizational practices.
The following are some of the more common forms of retaliation that whistleblowers face.
Summary termination
Employers technically have the right to fire workers for almost any reason. In fact, they don’t have to provide a reason when they terminate a worker. Both targeted firings that affect one employee and mass layoffs involving a large group can be a way for a company to punish a whistleblower after they file a report, involve government agencies or initiate a lawsuit. Such circumstances may constitute wrongful termination because the decision to fire the worker was retaliatory.
Performance improvement plans or disciplinary actions
Frequently, those running an organization realize that they cannot fire a whistleblower without raising questions about the reasoning behind that decision. They may attempt to fabricate a paper trail that justifies the decision. Workers may start receiving negative performance reviews when their job performance has remained the same or possibly even improved. The company may put them on a performance improvement plan as a way of justifying a decision to let them go in the near future. Write-ups and other disciplinary efforts are often also an attempt to obfuscate what could be a wrongful termination in the works.
Unfavorable transfers
Retaliation doesn’t always cost a worker their job. Sometimes it just makes their job less beneficial or manageable. Employers might transfer a whistleblower to a different shift, position or facility. A worker who has always maintained first-shift employment may receive instructions to begin coming in for second or third-shift work. The employer might transfer them to a different location that increases their commute or to a different position that has lower pay or a less prestigious job title. Any negative transfer not requested by the worker could be a form of retaliation.
Keeping thorough records of concerns about a company’s practices and efforts to act as a whistleblower can help employees prove that they have experienced unfair retaliation. Those intending to act as a whistleblower or dealing with the fallout of doing the right thing may need support as they attempt to hold their employers accountable, and that’s okay. Seeking legal guidance is a good way to start.