Reporting illegal activity at work takes courage. Whether you’re exposing fraud, unsafe practices, discrimination, or regulatory violations, stepping forward often comes with risks—including the possibility of being fired. However, whistleblower laws exist to protect employees from retaliation when they do the right thing.
In this blog post, we’ll explore how whistleblower protections work, what qualifies as whistleblowing, and what to do if you believe you were wrongfully terminated after reporting wrongdoing on the job.
What Is a Whistleblower?
A whistleblower is an employee who reports illegal, unethical, or unsafe conduct by an employer, supervisor, or coworker. The wrongdoing can involve violations of:
- Federal or state law
- Public safety regulations
- Financial or tax compliance rules
- Environmental regulations
- Workplace safety standards
- Anti-discrimination laws
Whistleblowing can happen internally—by reporting to a manager or HR—or externally, such as filing a complaint with a government agency.
Can You Be Fired for Being a Whistleblower?
In short, no—it is illegal for an employer to fire you in retaliation for whistleblowing.
Federal and state laws prohibit employers from punishing employees for:
- Reporting violations to a government agency (like OSHA, the SEC, or the EEOC)
- Participating in investigations or legal proceedings
- Refusing to carry out illegal orders
- Reporting internal concerns in good faith
This protection applies even if the underlying complaint turns out to be incorrect, as long as the report was made honestly and in good faith.
Key Whistleblower Protection Laws
Several federal and state laws safeguard whistleblowers from retaliation, including:
1. Sarbanes-Oxley Act (SOX)
Applies to employees of publicly traded companies and protects those who report securities fraud, shareholder fraud, or accounting misconduct.
2. Occupational Safety and Health Act (OSHA)
Protects employees who report workplace safety violations or refuse to work in dangerous conditions.
3. False Claims Act (FCA)
Allows employees to report fraud against the government and even file “qui tam” lawsuits on behalf of the government. Whistleblowers can be entitled to a portion of recovered funds.
4. Dodd-Frank Act
Offers financial incentives and protections to whistleblowers who report violations to the SEC.
5. Virginia State Whistleblower Protection Act
Virginia law also prohibits employers from retaliating against employees who report violations of state or federal law or who participate in investigations.
What Retaliation Might Look Like
Retaliation isn’t always an outright firing—it can come in many subtle forms, including:
- Termination or forced resignation
- Demotion or denied promotions
- Harassment or hostile work environment
- Pay cuts or reduced hours
- Negative performance reviews following the report
- Isolation from coworkers or exclusion from projects
If any of these changes occurred after you blew the whistle, your employer may be in violation of the law—even if they claim the changes were for unrelated reasons.
Proving Wrongful Termination as a Whistleblower
To prove you were wrongfully terminated for whistleblowing, you’ll need to establish:
- You engaged in a protected activity: Reporting, refusing to participate in, or testifying about illegal or unsafe conduct.
- You suffered an adverse employment action: Firing, demotion, harassment, or other negative changes.
- There’s a causal connection between your whistleblowing and the adverse action.
This connection is often shown by timing (e.g., being fired shortly after making a report) and inconsistencies in the employer’s explanation for the firing.
What to Do If You Were Fired for Whistleblowing
If you believe your termination was in retaliation for speaking out:
- Document everything – Keep detailed records of your report, communications with supervisors, and any disciplinary actions.
- Gather witnesses – If coworkers witnessed your report or noticed changes in your treatment, their statements can help.
- Request your personnel file – This may contain relevant performance reviews, complaints, or HR correspondence.
- File a complaint – Depending on the law, you may need to report retaliation to an agency like OSHA, the SEC, or a state labor board.
- Consult an employment attorney – A lawyer can help you evaluate your options and take legal action if needed.
Deadlines for filing whistleblower retaliation claims vary by statute and agency—some are as short as 30 days. Don’t wait to get legal advice.
Remedies Available to Whistleblowers
If you win a wrongful termination claim based on whistleblower retaliation, you may be entitled to:
- Reinstatement to your job
- Back pay and benefits
- Compensation for emotional distress
- Attorney’s fees and court costs
- In some cases, a portion of any funds recovered from a qui tam lawsuit
Final Thoughts
Whistleblowers are essential to ensuring accountability in the workplace, government, and public institutions. If you were punished for standing up against wrongdoing, the law may be on your side.
Wrongful termination after whistleblowing is not just unfair—it’s illegal. With the right legal support, you can fight back, protect your career, and help enforce a culture of transparency and ethics.
If you believe you were fired for blowing the whistle, contact us for a confidential case review. We’ll help you understand your rights and take the next steps toward justice. We recommend wrongful termination lawyers maryland.
