Retaliation / Whistleblower

When you complain to your supervisor, your manager, the Human Resources Department of your employer, or a state or federal law enforcement or governmental agency regarding conditions at your place of work that you reasonably believe are violations of State or Federal Regulations or Laws, and you are retaliated against for those complaints, your rights may have been violated. You might have a “retaliation” claim. Typically, acts of retaliation will include termination, demotion, write-ups, suspensions, increased scrutiny, and pay cuts.

In Illinois, under the Illinois Whistleblower Act, there is protection for employees that suffer retaliation based on an employee’s disclosure of information to a state or federal governmental agency, where there is reasonable belief that the provided information reveals a violation of state or federal laws, rules, or regulations. Further, the Illinois Whistleblower Act provides that an employer cannot retaliate against an employee that refuses to participate in an activity that the employee feels would result in a violation of state or federal law. Illinois also has a cause of action for a “retaliatory discharge” that makes it illegal for an employer to terminate an employee because of their internal complaint of an employer’s practice that violates a state or federal law. Retaliatory discharge laws also protect an employee who is fired because they filed a Worker’s Compensation claim.

In addition, many of the employment laws, including the FLSA, FMLA, Title VII, and Section 1981 contain anti-retaliation provisions. Under these provisions, it is unlawful to take an adverse employment action against an employee who opposes behavior made unlawful under the statute, or participates in any type of proceeding relating to a claim under the statute.

If you notice a change in your employment conditions after complaining to a government agency or refusing to perform an illegal activity, contact Jensen Law Office, LLC to discuss your situation. Further, if you think that you have been retaliated against for opposing or speaking out against Harassment, Discrimination, Failure to pay earned wages and Overtime, or failure to provide Medical Leave, contact Jensen Law Office, LLC.