We’ve all heard the term. We’ve seen them featured in films, novels, and more recently through social media. But what exactly does it mean to be a “whistleblower?”
At a high level, a whistleblower is someone who “reports” wrongful conduct (including, but not limited to, fraud, submitting false financial documents, abuse, corruption, dumping chemicals in local water supplies, covering up illegal conduct, endangering the public health, etc.). For example, the Minnesota Whistleblower Act, Minn. Stat. § 181.932 lists a number of different types of conduct that qualify an individual as a whistleblower. In summary, though, a whistleblower is typically an employee of a company who learns or observes of wrongdoing taking place and then reports that wrongdoing to someone higher up within the company (such as a supervisor, an executive of the company, or Human Resources).
In recent years, numerous state and federal whistleblower laws have been enacted to both ensure protection for employees who make such reports and incentivize employees to come forward with such information. In a perfect world, an employer would receive these reports from an employee and take steps to ensure that the wrongful conduct is discontinued. Unfortunately, the world isn’t always perfect, and sometimes employers decide to take action against the employee who reported such conduct.
Fortunately, the law recognizes that this latter situation may occur and therefore authorizes employees who make reports (whistleblowers) and are retaliated against to sue and recover damages including past wage loss, future wage loss, emotional distress, and even punitive damages.
If you have reported unlawful conduct and been retaliated against, or if you are considering reporting unlawful conduct but want to talk with an attorney beforehand, please don’t hesitate to contact me at 612 (351)-0084. In order to be afforded the greatest protections under the law, it is critical that you follow the proper procedure.