Can You Be Fired for Reporting Illegal Activity? Understanding Whistleblower Protections

If you are aware of illegal activity at work, the right thing to do is to report it. This is true whether the illegal activity involves a co-worker or the company’s entire leadership team. As an employee, you have the right to report illegal activity, and your employer cannot legally retaliate against you for doing something that you have the right to do.

Your employer also cannot try to force (or pressure) you into covering up illegal activity—which could make you complicit in the eyes of the law. These protections exist at the state and federal levels, and most employers know that firing employees who blow the whistle on illegal activity cannot be fired for coming forward.

But, this unfortunately does not stop many employers from doing the wrong thing.

As a result, not only do state and federal laws prohibit retaliation against whistleblowers, but they also provide for appropriate remedies in cases of whistleblower retaliation. If you experience retaliation after reporting illegal activity, you may be entitled to back pay, front pay, compensation for your costs and fees, and additional damages.

Even Though Pennsylvania is an “At Will” Employment State, Retaliation is Unlawful

Pennsylvania is an “at will” employment state. This is commonly explained as meaning that employers can fire their employees, “for any reason or no reason at all.”

However, this isn’t entirely true.

Under Pennsylvania’s “at will” employment law, employers can fire their employees for any lawful reason or no reason at all. If an employer fires an employee for an unlawful reason, the fact that the employment relationship was “at will” does not protect the employer from liability.

There are many unlawful reasons for firing an employee. While these unlawful reasons include discrimination and violations of the Family and Medical Leave Act (FMLA), they also include whistleblower retaliation. If you get fired because you blew the whistle, you are a victim of unlawful retaliation, and you are entitled to hold your employer (or former employer) accountable.

What To Do if You Are Thinking About Reporting Illegal Activity

With all of this in mind, if you are thinking about reporting illegal activity, you will want to take some steps to protect yourself. Taking these steps will help ensure that you qualify as a protected whistleblower, and it will also help ensure that you are prepared to file a retaliation claim if necessary:

• Keep Copies of Any Documentation You Currently Have in Your Possession – Be sure to keep copies of any relevant documentation you currently have in your possession. Keep these in a safe place, and keep them in a file that you can share with your attorney.
• Be Careful About Taking Additional Records from Your Employer’s Facilities or Systems – If you believe that there are additional records available to prove your employer’s illegal activity, you need to be careful about taking these records from your employer’s facilities or systems. While you have the right to report illegal activity, removing sensitive documents from your employer’s premises could expose you to adverse consequences in some cases.
• Take Detailed Notes About Why You Suspect Illegal Activity – Regardless of any documentation you have (or don’t have) in your possession, you should take detailed notes about why you suspect illegal activity. Spend some time writing down everything that you believe may be relevant, from dates and times to the individuals involved.
• Make an Informed Decision About How to Report the Illegal Activity – If you decide to blow the whistle on your employer, you will need to make an informed decision about how to come forward. While filing an internal report, contacting law enforcement, contacting the media and going public yourself are all potential options, you need to ensure that you make an informed decision based on the specific circumstances at hand.
• Seek Advice from an Experienced Whistleblower Attorney – To ensure that you make an informed decision about how to come forward, you should seek advice from an experienced whistleblower attorney promptly. An attorney who has experience helping employees report illegal activity will be able to guide you through your decision-making and help you come forward appropriately.

What To Do if You Believe You Are a Victim of Whistleblower Retaliation

What if you have already reported illegal activity and are now dealing with the consequences of unlawful retaliation? If you believe that you are a victim of whistleblower retaliation, you should:

• Keep Copies of Any Documentation You Have Related to Your Whistleblower Report – Here too, you should keep copies of all relevant documentation. This includes any documentation you have related to your whistleblower report.
• Keep Copies of Any Documentation You Received Related to Your Firing – You should also keep copies of any documentation you received related to your firing. Even if this documentation states that you were fired for reasons unrelated to your whistleblower report, this may be nothing more than a pretext, and you may still have grounds to take legal action.
• Take Detailed Notes About the Sequence of Events – From the illegal activity that you reported to the termination of your employment, you should take detailed notes about the sequence of events. Writing down everything you can remember will help you avoid overlooking key details when you speak with an attorney.
• Avoid Making Public Accusations Against Your Employer – At this stage, you should avoid making public accusations against your employer. Right now, protecting your legal rights needs to be your priority, and going public could lead to unnecessary complications.
• Talk to an Experienced Whistleblower Attorney About Your Legal Options – If you are a victim of whistleblower retaliation, it will be important to have an experienced attorney on your side. An experienced whistleblower attorney will be able to explain your legal options and take appropriate legal action on your behalf if warranted.

Schedule a Free and Confidential Consultation with a Philadelphia Whistleblower Attorney Today

If you would like to speak with a Philadelphia whistleblower attorney about coming forward or filing a retaliation claim against your employer, we invite you to get in touch. Call 267-273-1054 or contact us online to schedule a free and confidential consultation at Murphy Law Group today.