Not all employees fit in at the organizations that employ them. Some people cause conflict wherever they go. Others have quirky personalities that simply don’t work in certain environments. There are also employees who may engage in behavior that is overtly disruptive to company operations.
Employers sometimes choose to terminate workers based on conflicts that they have had with other employees, management or even customers. When there is a conflict of personalities, human resources professionals or managers may choose to terminate worker positions to limit conflict and preserve company culture. Some workers may allege that their termination was wrongful or retaliatory. Those who can prove that they acted as whistleblowers may have special protection under state and federal law.
When does a worker become a whistleblower, making their termination a more complex or risky process?
Whistleblowers report misconduct
A whistleblower is a professional who becomes aware of illegal or unsafe company conduct. Whistleblowers report the issues that they witness to protect themselves or others from prosecution or serious injury. A number of different professional choices could make a professional eligible for whistleblower protection.
Any worker who reports misconduct or safety issues internally to management, human resources or compliance officers is theoretically a whistleblower. They should be able to trust the company to do the right thing, rather than choosing to punish them for reporting those issues. Employees who report their concerns to outside regulatory agencies also have protection under state law as whistleblowers.
If a worker recognizes that management is aware of the issue and participating in illegal or unsafe decisions, then involving outside authorities may seem like the best option available. Even in scenarios where employees sign contracts restricting the disclosure of information, reporting concerns to regulatory agencies makes them eligible for whistleblower protection.
Employers may also need to learn about whistleblower protections in scenarios where employees have filed qui tam lawsuits. Health care businesses and other companies that directly bill the government could be vulnerable to lawsuits brought by employees acting as relators. Allegations of violating the False Claims Act can lead to lawsuits and may also make workers eligible for whistleblower protection.
Companies can still take appropriate disciplinary action against workers who have acted as whistleblowers. Proper documentation of performance or disciplinary issues is of the utmost importance in such cases.
Employers dealing with potentially complicated terminations or whistleblower claims may need help responding effectively to employee lawsuits, and that’s okay. Learning more about whistleblower protections can help businesses prevent or respond effectively to allegations of retaliation.