The Whistleblower Protection Act protects federal employees against retaliation. It ensures that they will not receive punishment if they report any wrongdoing. But what exactly qualifies as whistleblower retaliation?
Retaliation happens when an organization threatens or takes hostile action against the whistleblower. Some forms of retaliation are obvious, but others are more subtle and harder to prove yet damaging.
Here is a list of these less obvious forms of retaliation against a whistleblower:
Excessive monitoring
Exercising due diligence is customary practice in the workplace. It ensures product quality and worker safety. However, if a whistleblower experiences sudden micromanagement, this becomes questionable. Excessive monitoring includes frequent check-ins and limiting access to tools or files. Another is monitoring the employee’s digital activities.
Removing resources and support
Employees need all the resources and support for them to succeed in their role. However, withholding these tools can be retaliatory in nature. It sets the employee up for failure, which can lead to a manufactured case for dismissal.
Over-documentation
Organizations often use this strategy to discredit or fire the whistleblower. Keeping a record is necessary for future references. But if they document even minor infractions, it becomes questionable. There is no doubt if they are used against the whistleblower to justify future disciplinary actions.
Delay in promotion
An employee might be in-line for a promotion, increase or an award. But if it stalls after a disclosure, it could be a form of subtle retaliation. The company might give excuses, such as tight budgets or poor performance, to justify the delay.
Psychological pressure
This includes veiled threats, increased workloads and sudden changes to work schedule or shifts. It can cause mental stress and force the employee to resign voluntarily. It can be challenging to prove each action. However, if they happen after a protected activity or disclosure, it can strengthen a retaliation claim.
Protecting yourself after speaking up
These retaliation tactics might seem insignificant on their own. Yet, they can reveal a clear pattern of retaliation. If you notice these actions after making a disclosure, it may be time to speak to legal counsel. A lawyer can help you identify retaliation and document your experiences. Most of all, they can help . Early legal advice can also prevent mistakes that could weaken your case later.