Employees who report illegal activity, discrimination, or unsafe working conditions are protected under whistleblower laws in Illinois and at the federal level. But many workers fear retaliation, such as being fired or demoted, if they speak up.
If you reported wrongdoing at work and are now facing retaliation, or if you are considering making a report and want to know your rights, this guide explains what whistleblower protections exist, how to report misconduct, and what to do if your employer retaliates against you. If you need legal help, contact our law firm today.
What Is a Whistleblower?
A whistleblower is an employee who reports illegal or unethical activity by their employer. This can include:
- Fraud or financial misconduct (such as falsifying financial records or overbilling clients)
- Discrimination or harassment (such as racial, gender, or disability discrimination)
- Workplace safety violations (such as ignoring OSHA regulations or exposing workers to hazardous conditions)
- Wage theft (such as unpaid overtime or illegal paycheck deductions)
- Retaliation against employees for reporting violations
Reporting these issues is protected by law, meaning your employer cannot legally fire, demote, harass, or otherwise punish you for speaking up.
What Laws Protect Whistleblowers?
Several state and federal laws protect employees who report workplace violations.
Illinois Whistleblower Act
- Protects all employees in Illinois from retaliation for reporting violations of state or federal law.
- Employers cannot fire, demote, or punish workers for reporting illegal activity to a government agency.
- Employees are also protected if they refuse to participate in illegal activities at work.
Illinois Human Rights Act (IHRA)
- Protects employees who report discrimination, harassment, or workplace violations.
- Covers all Illinois employers, including small businesses.
Federal Whistleblower Protections
- OSHA Whistleblower Protection Program: Protects employees who report workplace safety violations.
- Sarbanes-Oxley Act: Protects employees in publicly traded companies who report financial fraud.
- Dodd-Frank Act: Protects whistleblowers in the financial industry and allows them to receive monetary rewards for reporting fraud.
If your employer retaliates against you after making a whistleblower complaint, these laws allow you to take legal action.
How to Report Workplace Violations as a Whistleblower
If you suspect illegal or unethical conduct at work, following the right steps can help protect you from retaliation.
Step 1: Gather Evidence
- Keep detailed records of the violation, including dates, times, and details of the misconduct.
- Save emails, memos, or documents that prove the illegal activity.
- Write down witness statements from coworkers who have seen the same violations.
Step 2: Report the Violation Internally (If Safe to Do So)
- Many companies have internal whistleblower hotlines or HR procedures for reporting misconduct.
- If you fear retaliation, you may want to consult an attorney before making an internal report.
Step 3: Report to the Appropriate Government Agency
Depending on the type of violation, you may need to report to:
- Illinois Department of Labor (IDOL) for wage and hour violations.
- Illinois Department of Human Rights (IDHR) for discrimination or harassment.
- Occupational Safety and Health Administration (OSHA) for unsafe work conditions.
- Securities and Exchange Commission (SEC) for financial fraud.
Step 4: Speak with an Attorney
An experienced whistleblower attorney can help you:
- Determine where to file your complaint.
- Protect yourself from retaliation.
- File a whistleblower lawsuit if necessary.
What to Do If Your Employer Retaliates Against You
If you reported workplace violations and are now facing retaliation, take these steps:
1. Document the Retaliation
- Keep copies of emails, performance reviews, or disciplinary actions that show unfair treatment.
- If you were fired, demoted, or had your hours cut, write down the timeline of events.
- Ask coworkers if they noticed a change in how management treats you.
2. File a Retaliation Complaint
You can file a retaliation complaint with:
- Illinois Department of Human Rights (IDHR)
- Occupational Safety and Health Administration (OSHA)
- Equal Employment Opportunity Commission (EEOC) (for retaliation linked to discrimination claims)
3. Contact an Attorney
If your employer is firing you, threatening you, or making your job unbearable, you may have a legal case for retaliation.
An attorney can help you:
- Negotiate a settlement for lost wages and damages.
- File a retaliation lawsuit if necessary.
- Seek job reinstatement if you were wrongfully fired.
What Compensation Can You Recover in a Whistleblower Case?
If you win a whistleblower retaliation case, you may be entitled to:
- Back pay for lost wages.
- Job reinstatement if you were fired.
- Compensation for emotional distress.
- Punitive damages (if your employer acted maliciously).
- Attorney’s fees and legal costs.
- Financial rewards if you reported financial fraud under federal or Illinois whistleblower laws.
Why You Should Take Action Now
Whistleblowers play a crucial role in exposing corruption, discrimination, and workplace safety violations, but employers often retaliate against them to silence complaints. If this has happened to you, you do not have to go through it alone.
If you are facing retaliation or considering making a whistleblower report, contact our law firm today. We can help you protect your rights, file a complaint, and seek the compensation you deserve.