“Whistleblower Retaliation” is a very broad term that many people use to describe basically any kind of illegal retaliation by an employer against an employee.

There are numerous statutes that prohibit an employer from retaliating against an employee for either doing something the employee has a right to do (e.g., complaining about an employer’s illegal acts towards that employee or others); refusing to do something illegal; or for engaging in other types of protected activity.

“Retaliation” does not necessarily mean termination. Recently, the United States Supreme Court issued a decision (Burlington Northern & Santa Fe Railway Co. v. White (June 22, 2006) No. 05-529) stating that Title VII prohibits employers from retaliatory actions that would “dissuade” a “reasonable employee” from making or supporting a charge of discrimination. In that case, the employer placed the employee on an indefinite suspension without pay and reassigned her job duties, giving her job duties that were more arduous and less prestigious than the job duties she performed before she complained about discrimination. The Court held that the suspension and reassignment of job duties constituted retaliation.

If you believe you have been retaliated against for your complaints at work, we invite you to contact us today for a free consultation to discuss this and any other employment law questions you might have.