Navigating Whistleblowing at Work

How to Protect Yourself if You See Something--And Need to Say Something

Whistleblowing in the workplace can be a complex and challenging ordeal, but it is a crucial mechanism for promoting transparency, accountability, and ethical conduct within organizations. If you find yourself in a situation where you need to blow the whistle on illegal or unethical activities at your workplace, it's essential to know how to proceed wisely and protect your rights.

1. Understand Whistleblowing Laws

Before taking any action, it's vital to familiarize yourself with the relevant whistleblowing laws. In the United States, the primary federal law protecting whistleblowers is the Whistleblower Protection Act. Additionally, various state laws may offer additional protections. In Tennessee, we have the Tennessee Public Protection Act. Understanding your legal rights is the foundation of a successful whistleblowing process.

2. Gather Evidence

Document any evidence related to the wrongdoing you intend to report. This might include emails, memos, internal reports, photographs, or any other materials that support your claims. Keep copies of these documents in a secure location outside of your workplace, as they may be critical in substantiating your claims later on.

3. Follow Internal Reporting Procedures Where Possible

Many companies have internal reporting procedures for whistleblowers. These procedures often involve reporting concerns to a designated ethics hotline, supervisor, or human resources department. Following your organization's internal processes is often a good first step, as it allows the company to address the issue internally.

4. Consult an Attorney

Before making any disclosures, it's wise to consult with an experienced employment attorney who specializes in whistleblowing cases. An attorney can provide guidance on your legal rights, potential risks, and the best approach to protect your interests. They can also advise you on whether to make an internal or external report, as well as the timing of your disclosure.

5. Understand Retaliation Protections

Federal and state laws protect whistleblowers from retaliation by their employers. If you experience adverse actions such as demotions, harassment, or termination because of your whistleblowing activities, you may have a legal claim for retaliation. Your attorney can help you understand your rights in the event of retaliation.

6. Consider External Reporting

If your internal reporting does not lead to appropriate action or if you fear retaliation, you may need to escalate your concerns to external agencies or regulatory bodies. In the U.S., you can report certain types of wrongdoing to the Occupational Safety and Health Administration (OSHA) or the Securities and Exchange Commission (SEC), depending on the nature of the misconduct.

7. Be Cautious About Confidentiality

Whistleblowing can be a sensitive matter, and it's essential to maintain confidentiality to the extent possible. Avoid discussing your concerns with coworkers, as this could jeopardize your case and potentially lead to retaliation. Speak with your attorney about the best way to protect your privacy while pursuing your complaint.

8. Be Prepared for Potential Consequences

Whistleblowing can have personal and professional consequences. It may strain relationships at work, impact your career, or cause emotional stress. It's crucial to prepare for these potential challenges and to prioritize your well-being throughout the process.

Whistleblowing is a courageous act that can have a positive impact on your organization and society as a whole; however, making the tough choice is not without consequences. It's essential to approach it with careful consideration, awareness of your legal rights, and the guidance of an experienced employment attorney. If you find yourself in a whistleblowing situation, don't hesitate to seek legal counsel to ensure that you navigate the process effectively while protecting your rights and interests. Remember, whistleblowers play a vital role in promoting ethics, accountability, and justice in the workplace.

Title VII Provides Protection from Racial Discrimination & Retaliation

Title VII Racial Discrimination Complaints: Understanding Your Rights

Racial discrimination in the workplace is an unfortunate reality for many individuals. However, federal law provides protection against discrimination and retaliation for good faith reports of discrimination through Title VII of the Civil Rights Act of 1964. Title VII prohibits employers from discriminating against employees or job applicants on the basis of race, color, national origin, religion, or sex.

What Is Title VII?

Title VII is a federal law that prohibits employers from discriminating against employees or applicants based on their race, color, national origin, religion, or sex. This legislation was a landmark achievement in the fight against discrimination and has since been a cornerstone of employment law in the United States.

Who Is Protected Under Title VII?

Title VII protections extend to employees and job applicants in workplaces with 15 or more employees, including federal, state, and local governments. It covers a wide range of employment-related actions, including hiring, firing, promotions, pay, and other terms and conditions of employment.

Types of Racial Discrimination

Racial discrimination can manifest in various forms, including:

Disparate Treatment: This occurs when an employer treats an individual differently because of their race. For example, if a qualified employee is passed over for a promotion solely because of their race, it constitutes disparate treatment. Another example of disparate treatment can be pay practices designed to discriminate against employees of a certain race.

Disparate Impact: Even if an employer's policies or practices do not explicitly target a particular race, they may still have a discriminatory impact on a particular racial group. If such policies cannot be justified by a legitimate business necessity, they may be considered discriminatory.

Harassment: Racial harassment can create a hostile work environment--although the bar for this is very high. This includes offensive comments, racial slurs, or other forms of mistreatment based on an individual's race.

How to File a Title VII Racial Discrimination Complaint

If you believe you have been a victim of racial discrimination in the workplace, you have the right to file a complaint. The process typically involves these steps:

Contact Your Employer: In some cases, the issue may be resolved informally by discussing your concerns with your employer or HR department. We specifically recommend that you document, in writing, all of your complaints and attempts to resolve the situation with Human Resources.

File a Complaint with the EEOC: If your concerns are not resolved internally, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). You must file your complaint within 180 days of the alleged discrimination.

EEOC Investigation: After filing your complaint, the EEOC will investigate the matter. They may request information from your employer and conduct interviews. The EEOC process technically can be completed without an attorney; however, we advise against this route as it tends to create an unfair advantage for the employer.

Mediation or Lawsuit: Depending on the results of the investigation, the EEOC may offer mediation to resolve the dispute. If mediation is unsuccessful, you may have the option to file a lawsuit against your employer.

Potential Remedies

If your racial discrimination complaint is successful, you may be entitled to various remedies, including:

Back pay and front pay
Reinstatement or promotion
Compensation for emotional distress
Attorney's fees and court costs

Consulting an Attorney

Navigating a Title VII racial discrimination complaint can be complex. It is advisable to consult with an experienced employment attorney who can guide you through the process, help you gather evidence, and represent your interests effectively.

Title VII of the Civil Rights Act is a powerful tool in the fight against racial discrimination in the workplace. If you believe you have been a victim of racial discrimination, it's essential to understand your rights and take appropriate action. Consulting with a qualified employment attorney can make a significant difference in the outcome of your case, ensuring that justice is served and that you receive the remedies you deserve. Your rights under Title VII matter, and the law is there to protect you from discrimination based on your race.

Severance Agreements

Why you should have an attorney review your agreement before you sign.

1. You may be signing away your rights to litigation.

If you suspect you have been wrongfully terminated, signing a severance agreement can end your case before it begins. Without at least consulting an attorney, you may be giving up rights to valuable litigation for an unfair price. However, once an agreement is signed, there is little an attorney can do to negotiate additional compensation.

2. Most agreements contain a statement that you have had time to consult with an attorney prior to signing.

The statement that you have consulted or have had time to consult with an attorney prior to signing your severance agreement makes it more likely that your severance agreement will be upheld. If you suspect that you are signing away rights to valuable litigation or are signing onto additional terms that you are not comfortable with, you should consult with an attorney.

3. Your agreement may not be tailored to your industry or position.

While some severance pay--based upon term of employment--is standard across careers, you may require additional consideration based upon your position and/or your industry. An experienced attorney can help you determine what a typical severance agreement looks like and what standards of pay you can expect.

4. The severance agreement may not be up to date with the most recent legal standards.

Many employers have a standard severance agreement that has not been updated to meet or reflect changes in the law. You will want to be at a minimum aware of what types of clauses will be upheld. An attorney can assist you in negotiating based upon the most up-to-date information available.

5. Your first offer may not be your best offer.

The Heisserer Firm can help you review your severance agreement and propose additional changes with an employer to make sure the terms are fair and in the best interest of your future career. You may have been told that the agreement is “standard” and cannot or will not be negotiated; however, we’ve handled many cases where the initial terms were significantly improved in favor of our clients. Our team can help negotiate monetary and non-monetary considerations, including non- disparagement, reference-ability, and non-compete agreements. We can also negotiate the timing and content of any announcements about your departure.

Legal Issues While Working from Home

Since the Covid-19 Pandemic, many workers have begun telecommuting to work. You may have had to sign new agreements, adhere to new policies, but what are your rights?

1. Can my employer apply different Work-From-Home Policies to different employees?

First, you want to check if you are being treated differently. If you are, is there a legitimate, nondiscriminatory reason you are not allowed to work from home? If not, contact us today to see if we can help you navigate this new landscape.

If you were terminated or disciplined for requesting work from home due to a disability or related to the Covid-19 Pandemic, we may be able to help.

2. Can my employer Monitor my Productivity and Communications without my consent?

The answer is mostly yes. So long as your employer's policies are consistent with online productivity monitoring, they may be able to monitor your communications and productivity. Generally, your employer can monitor your work email systems, so long as there is a valid business purpose for doing so and employees do not have a reasonable expectation of privacy in using the employer’s system.

Have you been terminated, disciplined or had your pay cut because of wrongful employer monitoring? You can contact our team to see if we can help.

3. Do I get paid for overtime hours while working from home?

The laws on overtime have not changed, although you may be seeing more and more violations. Employees must still be paid for all time worked when working from home, including overtime, the same as if they were working in person. Your employer may restrict at-home employees from working overtime, but must pay all overtime that is worked.

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At-Will Employment: Myths and Misconceptions

You have maybe heard the line that in an at-will employment state like Tennessee, "you can be fired for any reason or no reason at all." Truthfully, there are many, many exceptions to at-will employment, so it may just be that line does not apply to you or your situation.

For example, you cannot be fired or face adverse employment action in retaliation for a good-faith workplace complaint to OSHA or the EEOC or even for filing a workers' compensation claim. You cannot be fired or face adverse employment action on the basis of your race, religion, gender, age, sexual orientation, national origin or disability. Your employer also cannot terminate your employment for taking leave under FMLA.

A growing area of concern in Tennessee is being fired or demoted or discriminated against for union activities. Under federal law, you have the right to lead, form, join, or assist a union and cannot be fired for engaging in unionization. If you suspect you have been fired for engaging in union activities, even if your employer gave you a different reason, please contact The Heisserer Firm.

Oftentimes, your employer will give you a benign reason for termination or adverse employment action such as low performance. However, your employer may be giving you a pretextual reason for termination, and if you suspect the genuine reason is something other than the given reason, contact our team so that we can evaluate it.

It's important to check with an experienced attorney to help you consider all of your options. Your case is unique and may differ from your friend or family member's case or even your co-worker's case.

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