It is understandable that whistleblowers may fear retaliation or reprisal after coming forward with information. This is a special risk when the party upon which you are blowing the whistle is an employer. It is not unusual for these employers to demote, harass, transfer, fire, or otherwise harm a worker’s future if they serve as a whistleblower.
Fortunately, each of these examples of retaliation is illegal. The various regulatory agencies that invite whistleblowers to come forward also operate under laws that prohibit retaliation. People who suffer retaliation may even have the option of pursuing a private lawsuit demanding remedies for their losses.
An attorney could help you to better understand the whistleblower protections in Charleston. This can include setting your mind at ease against potential retaliation as well as pursuing lawsuits if retaliation has already occurred.
The law says that ordinary citizens have the right and ability to report illegal activities to the enforcement agencies of the United States government. Unfortunately, these people may feel intimidated or believe that they lack the technical or legal knowledge to properly submit a complaint.
This is the first way in which a Charleston attorney may be able to provide whistleblower protection. By assisting parties in their investigations, it may be possible to limit the chances of an employer or other party discovering the probe. At the same time, assistance could help to determine whether filing a complaint is appropriate.
A lawyer could also help to submit complaints to the proper authorities. This includes providing detailed information and sending it to the proper agency. In short, a Charleston attorney could provide whistleblower protection in the earliest stages of coming forward.
Federal laws make it clear that retaliation against a party for serving as a whistleblower is illegal. For example, 26 U.S.C. § 7623(d) is the portion of the Taxpayer First Act that prohibits employers from taking any negative stance towards an employee that blows the whistle on illegal tax activity. Similarly, the Act prohibits any employer from punishing a worker that cooperates with an investigation, even if that investigation did not result from that employee’s coming forward.
Beyond prohibiting retaliation, the statute also creates a private cause of action for impacted employees. It says that employees that experience retaliation in Charleston have the right to demand a remedy in a United States District Court. These cases can demand reinstatement at work, monetary compensation, or even attorney’s fees. A lawyer in Charleston could help workers who have experienced retaliation for blowing the whistle to demand appropriate remedies in and out of court.
Coming forward as a whistleblower takes courage. This is because employers and other parties have an interest in protecting their finances and freedoms. This could lead them to retaliate against people who provide information to the federal government. Despite the fact that these acts are against the law, whistleblowers need to receive assurances that their rights are protected.
An attorney in Charleston could help to protect you against possible retaliation. This begins as soon as a party believes that a violation of the law has occurred. A lawyer could help to investigate the case while limiting the potential for discovery. Once a case goes to the authorities, an attorney could help to determine if any retaliation has occurred, and if so, demand proper remedies in court. Contact a lawyer in Charleston today.