Exposing an employer who does not take the safety of his/her employees seriously or is involved in fraudulent business practices is your right as an employee. However, some employers can retaliate by terminating the employment of the whistleblower. Aptly named the Whistleblower Act, this Illinois law protects employees by making termination on the basis of whistleblowing illegal in the state.
According to the Act, employers cannot retaliate against employees who:
Reveal information to law enforcement agencies and the government if they have cause to believe said information violates state laws, rules, and regulations.
Take part in investigations of illegal activity or refuse to take part in a venture that can violate state laws, rules, and regulations.
However, employees are not protected under this law if they have reasonable cause to believe they are correct about the information they are disclosing. Before doing so, they should determine whether the activities or issues they mean to disclose can be interpreted as violations or not.
According to the Whistleblower Act, employers cannot retaliate against a whistle-blowing employee by terminating their employment. Additionally, they cannot make the employee’s life difficult at work to force them to leave on their own accord during the investigation. Employers also cannot threaten employees or retaliate against them if they refuse to take part in activities that can violate state laws.
If the employee has been threatened or fired in lieu of the complaint, they can seek damages from their employer. This includes:
Back pay for lost wages, including interest.
Reinstatement to the job they had before they were fired by the retaliating employer.
Compensation for damages such as attorney and litigation costs.
The Illinois Whistleblower Act is a vital state law aimed at safeguarding employees from retaliation by their employers when they expose wrongdoing or illegal activities. Specifically, the Act prohibits employers from taking adverse actions against employees who:
Report any violations of state or federal laws, rules, or regulations to an appropriate government agency or law enforcement authority. This can include anything from fraud and corruption to environmental violations.
Refuse to engage in any illegal activities, protecting those who choose to uphold the law rather than comply with unethical requests.
Participate in investigations or legal proceedings that concern workplace misconduct, ensuring that employees can cooperate without fear of retribution.
This legislation is applicable to both public and private sector employers and is intended to promote transparency and accountability within workplaces while encouraging whistleblowers to act in the public interest.
Retaliation encompasses a wide range of adverse actions that an employer might take against an employee for engaging in protected whistleblower activity. Examples of prohibited retaliation include, but are not limited to:
Any action taken by an employer that has a detrimental effect on an employee who reports wrongdoing could be considered retaliation under the Illinois Whistleblower Act.
The Illinois Whistleblower Act provides protection to a broad range of employees who engage in certain activities, including:
Those who report suspected violations of the law to relevant government agencies, such as regulators or law enforcement. This includes reports about safety violations, financial fraud, or any form of misconduct.
Employees who refuse to participate in unlawful behaviors thereby protecting their integrity and ethical standards.
Individuals who cooperate with investigations or provide testimony in legal proceedings relating to workplace misconduct.
It is crucial to note that employees do not need to be correct in their suspicions about the violations; they only need to demonstrate that they had a reasonable belief and acted in good faith to receive protection under the Act.
No, the Illinois Whistleblower Act does not impose an obligation for employees to report their concerns internally before seeking assistance from a government agency or law enforcement. Employees are fully protected when they report directly to these entities. However, some employers may implement internal policies, such as ethics hotlines or compliance reporting procedures, that employees can utilize voluntarily, though these are not required for whistleblower protection.
If you believe you have faced retaliation for engaging in whistleblowing activities, it is essential to take the following steps:
Thoroughly document all incidents related to the retaliation, including emails, performance reviews, notes from meetings, and statements from witnesses who can corroborate your claims.
Consider filing a formal complaint with the Illinois Department of Labor, which oversees issues relating to employment law, or seek advice from an experienced employment attorney who can guide you on your rights and options.
You may also contemplate pursuing a civil lawsuit under the Whistleblower Act to seek recompense for any damages incurred due to retaliation.
Depending on the circumstances, you may be entitled to remedies such as reinstatement to your former position, back pay for lost wages, compensatory damages for emotional distress, and coverage for attorney’s fees.
Yes, the statute of limitations for filing a claim under the Illinois Whistleblower Act is typically one year from the date of the alleged retaliatory action. It is imperative to act swiftly to preserve your rights; delaying could result in the loss of your ability to seek legal recourse.
While the Illinois Whistleblower Act operates under state law, it is essential to recognize that federal laws also exist to protect whistleblowers, such as the Sarbanes-Oxley Act, the Dodd-Frank Act, and the whistleblower provisions under OSHA. These federal protections may cover specific industries and types of misconduct. Depending on the situation, employees could be protected under both state and federal laws, and it’s crucial to understand the scope and provisions of each to ensure comprehensive protection.
Can I be fired for reporting safety violations?** No, under the protections afforded by the Illinois Whistleblower Act, employees are expressly protected from retaliation for reporting safety violations, including those related to OSHA regulations or hazardous working conditions. Employers who retaliate against employees for bringing up safety concerns can face severe legal consequences under both state and federal laws, reinforcing the importance of creating a safe and ethical work environment.
It is important to note that the Act cannot be used to ask for punitive damages. The lawsuit for retaliatory discharge can be filed in court within five (5) years of the action. If you think you have the right to do so, get in touch with attorneys at the Law Office of Michael T. Smith today by calling (847) 450-1103.
We have been fighting for the rights of employees in DuPage County, IL, for more than 30 years, and can help you get the compensation you deserve. This includes facing intimidating business owners without giving an inch. That is how dedicated we are to ensuring you get the justice you rightly deserve. Get in touch with us for a consultation today.
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