— those who report wrongdoing by their employer
— can face hostility and punishment from companies that want to silence them. The first matter of business for whistleblowers is to protect themselves. Calling on an employment law lawyer can help whistleblowers navigate through the complicated rules and detrimental situations they may face.
State And Federal Protection For Whistleblowers
Both federal and Texas laws are in place to protect whistleblowers from
retaliation and blackballing. Congress established these laws to protect shareholders. In turn, these whistleblower laws are designed to protect people who risk their reputation and employment to protect shareholders.
Examples of these laws include the Sarbanes-Oxley and Dodd-Frank acts, which protect employees who work for publicly traded companies. Employees in such companies are protected against retaliation when they expose violations of federal laws. This includes reporting securities, bank, mail and wire fraud. The Department of Labor and OSHA oversee more than 20 different whistleblower protection laws covering everything from airline safety to nuclear power plants. If you have blown the whistle on unlawful conduct and have been retaliated against for doing so, we can assist you in assessing your claims under state and federal law.
When Do You Have A Whistleblower Claim?
If taken because of protected whistleblowing conduct, the following actions by a company may be characterized as retaliatory:
- Refusal of overtime pay
- Release from employment
- Promotion denial
- Threatening speech
- Unfair discipline
- Reducing job duties
- Reduction of hours of work
- Lowering the employee’s compensation
Whistleblowers who have suffered any retaliatory acts may be awarded lost wages plus interest, special compensation damages, attorney and expert fees, and litigation expenses.
Time Is Of The Essence In Whistleblower Claims
Federal and state whistleblower claims have varying time frames in which claims must be filed, and some of those are very short. If you believe that your employer has retaliated against you or attempted to silence you for reporting misconduct, contact the Law Offices of Kell A. Simon through email immediately or call 512-898-9019.
I have offices in Austin, Houston and Dallas.