The Whistleblower Protection Act (WPA) protects federal employees in the United States who report government wrongdoing. This law aims to prevent retaliation, such as firing or demoting employees who disclose misconduct within their workplaces.
Nevertheless, retaliation can still happen. For most government employees, the biggest risk is losing their job.
Whether you have already blown the whistle or are preparing to do so, below is some information that can help you protect yourself and your employment.
Is there a high risk of losing your job?
Federal protections, such as the WPA and industry-specific laws shielding whistleblowers, reduce your chances of facing retaliation after exposing wrongdoing. However, there is still a possibility of losing your job in other ways, such as:
- Pretextual reasons: An agency might cite performance issues or misconduct unrelated to whistleblowing as a reason for termination.
- Probationary status: If you are still in a probationary period, the agency might argue that they based your termination on performance evaluations during this time.
- Reorganization or restructuring: An agency might claim they are eliminating your position due to restructuring or budget cuts.
Of course, they would have to provide sufficient evidence that they are terminating you based on reasons unrelated to whistleblowing. But if you believe you are facing retaliation, it is crucial to document everything for future actions.
An employer could coerce you to quit
In some cases, an employer or agency retaliates by creating a work environment that is so intolerable or hostile that a reasonable person would feel compelled to quit. This is constructive discharge, and it is often relevant in retaliation, harassment, discrimination and other claims.
Constructive discharge might include:
- Extremely difficult or unpleasant working conditions
- Harassment or discrimination
- Unreasonable work expectations
- Unsafe working environment
- Constant criticism
An employer might think that they are not violating any laws by trying to force you to quit. However, their actions may still count as retaliation, if not fall under other employment law violations.
The role of legal counsel
As you can see, there are several ways an employer can strike back at you for blowing the whistle. Federal laws help protect you from this, but if the retaliation persists, you may need an experienced lawyer by your side to help uphold your rights.
