wayne n. outten
tammy marzigliano

whistleblower and retaliation practice group

Outten & Golden’s Whistleblower & Retaliation Practice Group protects employees from employer retaliation for lawful conduct, including complaining about discrimination and blowing the whistle on other kinds of legal violations.

Extensive statutory and case law prohibits various forms of employer retaliation against employees who engage in legally proper, necessary, or desirable activities. Many basic principles of retaliation law are well-established. Whistleblower protections extend to both public and private sector employers. Public sector employers are subject to federal whistleblower protections through a variety of federal statutes, including those addressing public health and safety, such as the Occupational Safety & Health Act, the Department of Defense Authorization Act, and the Clean Air Act, as well as state statutory and common law protections. Private sector employees are also protected under a variety of federal statutes regulating employment or business practices. Recently, the federal government enacted The Dodd-Frank Wall Street Reform and Consumer Protection Act which overhauls and strengthens federal oversight of the financial system; this law’s whistleblower provisions attempt to ensure that in the future financial fraud and irregularities are exposed long before they corrupt the entire system.

The legal landscape of retaliation and whistleblowing protections continues to grow. The fact that employees have multiple statutory and common law protections from retaliatory actions by their employers is extraordinarily important both for the public interest and for the affected employees. Such protections enable whistleblowers and their counsel not only to vindicate the public interest but also to obtain remedies for employees who have been injured by their employer’s retaliatory actions.

(Prior results do not guarantee a similar outcome.)