How to Get Whistleblower Protection

When unethical or illegal conduct is witnessed in the workplace many employees are scared and refuse to speak out. Often these individuals rightly live in fear of their employer retaliating against them. A variety of state and federal laws exist to offer protection to employees who report misconduct by "blowing the whistle." These whistleblower laws can often be difficult to interpret; so, use these steps as a guide.

Instructions

Difficulty: Challenging

1. Speak to an attorney that specializes in employment law. Let them evaluate the situation before proceeding with any action. Gain assistance on what agency you need to report the violation with and how to report the violation to ensure you receive whistleblower protection.
2. Find out what activities are protected by whistleblower laws. Visit online sources about Federal and state laws. Gain information regarding the agency responsible to act on a report of an alleged violation. Ensure you receive whistleblower protection by being informed.
3. Document events as evidence to support a violation. Make copies of all incriminating documentation. Keep a detailed log showing conversations about the violations, who you reported potential violations to and the dates when these events happened.
4. Gather all employee personnel records. Obtain a copy of your personal records from human resources before filing a claim. Some employers could try and alter information after you file a claim to support firing you.
5. Prove that the employer has retaliated against you for reporting misconduct. Before gaining whistleblower protection your employer has to have retaliated against you. Such actions may include firing, demoting, intimidation and generally any actions that cost you money.
6. File the claim with an attorney's assistance. Claims may be given in writing, faxed or orally depending on the agency reporting too. Take action immediately to make sure the statue of limitations won't expire. Although you can file a claim without a lawyer, it's best to have a representative that knows the laws that govern this issue.
7. Pursue the claim. After receiving a response from your claim you may be entitled to a settlement or have the option to file a civil claim for monetary damages.

Tips & Warnings

• Your case may be covered under more than one whistleblower law. In some circumstances claims can be filed in both federal and state agencies.
• The amount of time you have to file a complaint can vary from a few days to as much as several years depending on the agency in which the claim has to be reported too.
• If a violation turns out to be false you would still be eligible for whistleblower protection if you reasonably believed that the employer had committed an illegal act.
• Certain activities are not protected under whistleblower laws. Getting into an argument with your supervisor and cursing or punching them as a result would not be protected.
• When gathering information to support your claim do not take documents or access information to which you have no right or entitlement too.