Filing a whistleblower retaliation claim against an employer

On Behalf of | Apr 20, 2020 | Erisa & Employee Benefits |

Individuals who believe that their employers have violated the law may want to call attention to those violations. A person who aims to expose a Delaware company’s illegal activities is referred to as a whistleblower, and that person is generally protected from being retaliated against by his or her employer. The person who is claiming that he or she has been retaliated against is listed as the complainant in any claim that OSHA receives.

The employer would be referred to as the respondent to the allegations made by the complainant. During the course of an OSHA investigation, the two sides will provide copies of anything that they give to the organization. The respondent will be asked by OSHA to write a position statement defending its actions. If necessary, each side will be required to respond to requests for additional information in a timely manner.

If OSHA finds that an employer retaliated against an employer, that person will be granted specific forms of relief. In the event that the evidence doesn’t support a claim, the case will be dismissed. It is possible for the parties to the matter to take part in proceedings that are similar to mediation or arbitration in an effort to resolve the matter. It may also be possible to have a hearing in front of an administrative law judge.

Individuals who believe that they have been retaliated against for taking a protected action may be entitled to various forms of relief. For instance, a whistleblower might be given his or her former job back or obtain back pay and other financial damages. An attorney may be able to help a person pursue a whistlelower/retaliation case. Cases may be resolved through informal talks between the relevant parties or by taking them to court.