Whistleblowing is the act of reporting illegal or unethical activities within an organization. It is also a necessary component of maintaining a fair and just workplace.
However, there are times when employees who blow the whistle find themselves facing wrongful termination. Understanding common whistleblowing violations is essential for employees who need to defend themselves.
Retaliation
When an employee reports wrongdoing, some employers may take adverse actions. These might include demotions, pay cuts or termination. Retaliation undermines the trust necessary for a healthy work environment. It can discourage employees from reporting genuine concerns.
Lack of due process
Wrongful termination often occurs when organizations fail to follow proper procedures. If an employer terminates an employee without a fair investigation or hearing, it can be a violation of due process.
Violation of public policy
Employees who blow the whistle on illegal or unethical activities are often protected by public policy. Terminating an employee for acting in the public interest is a violation of this protection. Employers must not dismiss employees for reasons that contradict established public policy.
Breach of employment contract
When employers terminate an employee in violation of an employment contract, it constitutes wrongful termination. Employment contracts outline the terms and conditions of the employment relationship. Dismissing an employee without adhering to these terms can lead to legal consequences for the employer.
Failure to investigate
Employers have a responsibility to investigate whistleblower complaints thoroughly. Failing to do so not only jeopardizes the integrity of the organization but can also result in wrongful termination claims. Employers must take all complaints seriously and conduct unbiased and comprehensive investigations.
The Securities and Exchange Commission received over 12,300 whistleblower tips in 2022. When these acts of blowing the whistle lead to wrongful termination, it is important for affected employees to recognize unlawful violations on the part of their employers.