Discriminatory Motive In A Whistleblower Case

All employees are entitled to work in a safe environment. Sometimes, the actions of an employer can put employees or public safety at risk. Employees who fear the retaliation of their employers for reporting major violations will often remain silent.

Specialized laws known as whistleblower protection laws have been enacted at the state and federal level to shield employees reporting certain types of conduct to the authorities. In the event that you are fired for bringing dangerous conduct to the attention of the proper governing body, you can file a whistleblower protection lawsuit.

These lawsuits will require that you prove discriminatory motive in order to receive damages for your discharge.

Work Record

One of the easiest ways to prove discriminatory motive in a whistleblower lawsuit is to present evidence pertaining to your work record. Employee evaluations, recommendation, and other performance awards can establish a baseline showing the type of worker you have been.

If your employer's evaluation of your work suddenly changes after you report suspicious conduct, it can be assumed that the change in employer attitude was caused by your whistleblowing. Employers will sometimes try to paint employees who report them to the authorities as bad workers to justify firing them.

An obvious disparity in your pre-reporting and post-reporting evaluations can prove a discriminatory motive.

Office Relations

Another element that can be used by your attorney to establish a discriminatory motive is the type of relationship you have with your employer. As a general rule, employers should try to treat all employees equally. This is especially true for employees who hold the same job title and complete the same type of work.

Differences in the way your employer relates to you after you report him or her to the authorities could set you up for termination. Noticeable differences in the way your co-workers and managers interact with you following a whistleblowing event can create circumstantial evidence that your termination was discriminatory.

Termination Procedure

Most companies have a procedure in place for terminating employees. This procedure helps to ensure continuity and protects the employer against lawsuits. If your employer veered away from the established protocol in terminating you after you were outed as a whistleblower, you could have proof that discriminatory motive is at play.

Your whistleblower protection attorney will be able to show that protocol could not be followed because your termination was not warranted. This will help you access damages that can help restore your financial stability after being fired for whistleblowing.