Whistleblowing

Protecting Your Employment Rights in St. Louis: 30+ Years of Experience

You may have heard the term “whistleblower” used in the workplace but are uncertain what it means in a legal context—and in terms of your rights as an employee. A whistleblower discloses to an internal department or public agency what they believe to be incriminating evidence that their company is performing dishonest activities that violate a law or regulation.

If you have reported unlawful practices, you are protected under federal and state whistleblower laws from retaliatory action from your employer. You have legal rights as an employee, and they deserve to be protected.

The attorneys at Riggan Law Firm can provide you with the experienced and professional legal counsel you need to protect your rights in a whistleblower case, especially if you anticipate unlawful retaliation from your employer. Contact the Riggan Law Firm at our Missouri law office today to speak with an attorney who can assist you with your whistleblower claim and prepare for legal action.

What are Whistleblowing Protection Laws?

Multiple federal and Missouri state laws protect the rights of whistleblowers who report employer wrongdoing. One of the earliest enacted laws is the 1863 False Claims Act, which protects the rights of government workers who engage in whistleblowing activities. Federal government agencies such as the Commodity Futures Trading Commission, Securities and Exchange Commission, and Internal Revenue Service are examples of federal agencies included in whistleblowing laws.

In addition to federal law, states have laws protecting employees who report their employer’s illegal or unethical activities.

Missouri’s general whistleblowing protection statutes are the most relevant laws regarding employees reporting illegal activities. These state laws prohibit employers from retaliating against whistleblowers by firing them or punishing them for reporting illegal activities to authorities.

It is important to note that Missouri whistleblower laws protect public employees only, not private employees.

Specifically, the law states that a supervisor or “appointing authority” of any state agency may not:

• Prevent an employee from discussing the agency’s operations with any member of the state legislature, auditor, attorney general, or any other state official charged with investigating misconduct
• Take disciplinary action against a state employee for disclosure of any prohibited activity or information that the employee reasonably believes either violates the law or shows mismanagement or abuse of authority

However, before a whistleblower reports illegal activities to the proper authorities, the employee must notify the supervisor before reporting the violation or misdeed to authorities.

Understanding the state and federal legal protections granted to whistleblowers can be confusing for those unfamiliar with the law. However, our whistleblower attorneys have comprehensive experience helping clients protect their rights to the fullest extent of the law. Please contact our law office today to learn more about the laws protecting whistleblowers and how we can help.

What are Examples of Protected Whistleblowing Activities?

State and federal laws clearly define what constitutes protected whistleblowing activities. Some common examples of whistleblowing activity protected by law include an employee discussing:

• Any violation of the law by their employer of fellow employees
• Mismanagement
• A gross waste of public funds
• An abuse of authority
• A specific or substantial danger posed to the public health or safety of the community
• Substantial and specific danger to public health or safety, as long as disclosure is not explicitly prohibited by law
• An employee’s refusal to perform an illegal act or act contrary to public policy

Unfortunately, due to the complexities of federal and state laws, many employees are unsure whether their employers’ or coworkers’ actions constitute a whistleblower claim. Therefore, it is always best to hire a whistleblower attorney who will professionally evaluate the case and determine the appropriate legal actions.

What is Considered Retaliation in Whistleblower Cases?

One of the most critical legal components of whistleblowing activities is that they help expose fraud and wrongdoing by government officials. However, without whistleblower protections, most employees would hesitate to report these activities for fear of retaliation.

Workplace retaliation for whistleblowing activities may include:

• Termination of employment
• Demotion or salary reduction
• Negative performance reviews
• Job opportunity loss
• Passed over for a promotion or raise
• Physically or verbally abuse an employee
• Give a poor performance evaluation or reprimand as retaliation
• Reassignment to a less desirable position or one that lacks the same opportunities as the current assignment

Also, former employers are prohibited from using retaliatory tactics to prevent whistleblowers from obtaining new employment opportunities. For example, a former employer may not provide false or damaging information to a prospective employer because the employee reported illegal or unethical activities to government officials.

Our law firm recognizes that you may be frightened of what unethical tactics your current or past employer may use to retaliate against you in a whistleblower case.

For this reason, Riggan Law Firm has a dedicated legal team that is passionately committed to protecting your legal rights. Our experienced lawyers represent whistleblowers and will not allow your employer to engage in illegal practices prohibited by law.

How Can I Prove My Employer Retaliated Against Me for Whistleblowing?

Unfortunately, there are many reasons why an employer may retaliate against you for whistleblowing. However, proving that retaliation has occurred can be challenging to prove. Some of the ways that you may prove you have been the victim of retaliation include:

• You were engaged in a protected activity of complaining about unethical or illegal activities that violated state or federal laws that occurred in your workplace
• You experienced retaliation that resulted in adverse workplace consequences such as termination, demotion, or reassignment
• The protected activity directly caused adverse workplace consequences

If you suspect you are the victim of workplace retaliation, there are several steps you can take to protect yourself and prove your claim, which include:

• Thoroughly document your employer’s retaliatory actions: Keep a detailed record of all actions your employer takes that you believe are in retaliation for whistleblowing.
• Report retaliation: One of the most crucial steps in proving retaliation is promptly reporting incidents to your supervisor or human resources. However, if your reports of retaliation are not adequately addressed, you may need to seek help from a higher-ranking member of your organization or an outside source, such as the Missouri Commission on Human Rights or a federal agency.
• Finally, consult with an attorney who has experience handling whistleblower cases. A skilled whistleblower attorney can help you understand your rights and determine what legal options are suitable for your case.

Proving that you have been the victim of whistleblower retaliation is never easy. However, our whistleblower attorneys will work diligently to ensure you are treated fairly and with the respect you deserve.

Why Should I Work with Riggan Law Firm to Protect My Rights?

If your whistleblowing protection rights have been violated, you can take legal action by filing an administrative appeal. The appeal’s success will result in modifying or reversing the disciplinary action you have experienced and ordering appropriate relief.

If you seek to move forward with your whistleblowing case, whether to file an appeal against employer retaliation or to take further legal action in court, speak with an attorney at Riggan Law Firm as soon as possible to discuss your whistleblowing rights and the appropriate next steps. Hiring an attorney will be in your best interests, as good legal representation will be able to show in court “by clear and convincing evidence” that a supervisor or appointing authority violated the Missouri whistleblower law, which can help you collect the damages and attorney fees you deserve.

With legal representation from the firm, you can rest assured that your case will be handled competently and efficiently. The attorneys of Riggan Law Firm will work hard to aggressively defend your whistleblowing rights and ensure your freedoms are protected in the workplace.

Contact Riggan Law Firm today at 314-528-9661 to schedule a meeting with one of our highly trained whistleblower lawyers, who will gladly review your case.