Although whistleblowing is crucial to holding companies and employers accountable, exposing unethical behavior is a significant decision. When approaching a whistleblower case, one must ensure they are protected in the process.
Understanding the main phases and what to expect during them is vital. Here is a step-by-step guide for anyone considering reporting wrongdoing and illegal behavior in their workplace. For more questions, contact our skilled whistleblower attorneys today.
Recognizing Misconduct in The Workplace
Identifying misconduct within the workplace and its functionality must be present to start the process. At this stage, it is essential to determine whether the activity qualifies for reporting. Common examples of whistleblower disclosures include the following:
- Efforts of criminal action (i.e. fraud)
- Danger to health and safety
- Dishonest activity
- Gross mismanagement
- Waste of funds
- Authority abuse
Check your protections and qualifications under the federal whistleblower protections. An attorney could also provide more information on what to expect at certain stages of a whistleblower case.
What is Considered Retaliation?
Employer retaliation is when an employer punishes or tries to remove an employee from the workplace when in the process of reporting. To be clear, an employer cannot stop you or retaliate against exercising your rights.
Retaliation tactics may include:
- Demoting
- Dismissing overtime pay (only if you contractually receive overtime pay)
- Denying promotions
- Minimizing work hours
- Lowering pay
If you have seen efforts of employer retaliation regarding other report cases, do not let this hinder you from filing a report. Contact a lawyer to receive protection and guidance on the next steps.
Investigation proceeding
Following the filing of your report, the next step is an investigation launched by an OSHA whistleblower Investigator. This investigator will act as a neutral party during the evaluation. Depending on the type of complaint filed, the process will involve an internal team investigation and, if necessary, an external authority investigation.
Proceeding labels to be aware of:
- “The Complainant,” filer of the complaint
- “The Respondent,” whom the complaint is filed against
During the process, the investigator will notify both parties about the official opening of the case. When this happens, it is advised evidence is gathered and secured. If you are the complainant, it is recommended you already have evidence on hand before filing a report.
After parties have had time to garner evidence and provide witness contact information, the investigator will require both sides to provide copies of supporting documents for each other to review. From there, the respondent must curate a written defense position statement.
As requests continue to arise, active participation from both sides must be present. Additionally, a rebuttal may be made regarding any proposition at any time during the evaluation process.
Because this process varies in length, parties have the option to settle through OSHA’s Alternative Dispute Resolution (ADR) or an individualized negotiated settlement. If the decision is made to pursue a direct agreement, it must be evaluated and approved by OSHA. If individually settling is right for you, consult an attorney for drafting legal documents and any questions or concerns you may have.
The complainant has the option to file a retaliation complaint in federal district court if there is no progress or sign of issue of a final order within 180 or 210 days, depending on the statute.
Case Aftermath
When the investigation concludes, the OSHA investigator will inform their supervisor whether the respondent is evidently responsible for the proposed violations.
Whether the recommendation is accepted or dismissed, both parties will receive a finding letter, including information on what remedies are expected. If either party has objections to the conclusion, the case can be presented to an administrative law judge.
Learn More About What to Expect at Every Stage of a Whistleblower Case
Safeguarding your rights while fighting for an ethical working environment, should be the least of your worries.
At Bill Nettles, we want to help you every step of the way. Call us today to schedule a consultation and get the protection you deserve.
