Whistleblower Retaliation Is Illegal
We Can Help You Fight Back
Whistleblowers play an important role in keeping organizations and corporations honest and ethical. Whistleblowing occurs when the employee says something to company management or to the police after witnessing wrongs being committed such as acting against public policy, breaking the law or negatively impacting public health or workers’ rights and safety.
At Paoli & Leisher, we represent clients who have stood up for justice. We recognize the courage it took for you to say something when you saw your employer breaking the law. We are attorneys who will work for justice in your case.
What Is Whistleblowing?
Examples of whistleblowing include reporting an employer for committing acts like these:
- Discouraging employees from reporting on-the-job injuries
- Knowingly allowing unsafe conditions that could cause injury at work and doing nothing to change them
- Dumping hazardous waste illegally
- Accepting bribes to choose one supplier over another
- Breaking laws regarding saving the environment
- Stealing money
- Lying about meeting quotas for affirmative action hiring practices
- Misleading accounting practices showing the company in a better position than it truly is
- Failing to pay money owed to the government
By law, the employer is not allowed to fire the employee for these actions. Firing or other negative actions an employer takes are considered employer retaliation.
Montana Has Special Considerations
Montana created the Wrongful Discharge From Employment Act (WDEA) to protect nongovernment employees from retaliation by their employers. WDEA protects the employee if the employee has completed a probationary period of employment and is wrongfully terminated. The definition of wrongful termination in this case is if the employee refused to do something in the course of employment which would have been against public policy, and the termination occurred as a result of the refusal.
We also represent federal employees, especially railroad workers, protected under FELA. Our firm has represented many railroad workers who have been discouraged from reporting work-related injuries.
What Steps Should I Take?
As a rule, employees should first use their company’s internal procedures for filing a grievance before bringing a lawsuit against their employer. If the internal avenues do not rectify the situation in 90 days, then the employee can file a lawsuit. The employee will have one year to bring the suit against the employer.