Brigette Honaker  |  July 22, 2019

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Retaliation Overview

Retaliation occurs when an employer acts out against an employee because of a decision or action they made that is protected by the law.

An employer is free to take disciplinary action or terminate their employee if they are motivated by non-retaliatory and non-discriminatory reasons but basing these actions off of shady or personal motivations can be considered to be retaliation. These actions may be punished by labor laws and other state or federal legislation.

Retaliation is also prohibited in any situations where there is a legal complaint pending against the employer, including whistleblower complaints filed under the False Claims Act.

Retaliation is also wrongful when an employee is harassed, witnesses harassment, or reports harassment but is retaliated against by someone in a position of power. If an employee requests accommodations for their disability or religion and is retaliated against, this is also workplace retaliation.

According to the U.S. Equal Employment Opportunity Commission, some forms of retaliation include formal job reprimands, poor performance reviews, demotions, verbal or physical abuse, threats of contacting authorities, increased scrutiny, spreading of false rumors, or other actions that make an employee’s job more difficult.

In some cases, retaliation may come in the form of constructive discharge. This occurs when an employee is forced to resign from their job due to unbearable discrimination or harassment. In these cases, employers don’t technically fire their employees and instead force them out indirectly by making them so miserable at work that they quit.

Retaliation and Whistleblowers

In some cases, employees may be retaliated against if they witness fraudulent behavior and bring a whistleblower lawsuit against their employer under the False Claims Act. In some cases, retaliation aims to scare or pressure the worker into dropping the case against them. In other cases, retaliation simply serves to satisfy anger felt by the employer.

Luckily for whistleblowers, retaliation is forbidden under the False Claims Act. The False Claims Act states the following:

“Any [employee] shall be entitled to all relief necessary to make that [employee] whole, if that [employee]is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the [employee] on behalf of the [employee] or associated others in furtherance of other efforts to stop 1 or more violations of [the False Claims Act].”

Relief may include “reinstatement with the same seniority status,” “2 times the amount of back pay” plus interest, and “compensation […] including litigation costs and reasonable attorneys’ fees.”

Whistleblower Retaliation Lawsuits

In December 2018, a Washington woman filed a whistleblower lawsuit against Healthpoint alleging that she was retaliated against for refusing to defraud the government by writing inaccurate grant proposals. Her superiors allegedly paid her less than her coworkers due to her refusal and she was eventually fired by the company. The woman eventually went on to file a False Claims Act lawsuit against Healthpoint for their fraudulent behaviors and their retaliation.

In February 2019, nonprofit company eHealth Africa was hit with a False Claims Act lawsuit claiming that they did not pay employment taxes to the United States and Liberian governments. The plaintiff allegedly pointed out the issue, along with other budgeting problems that resulting in the misuse of grant money, but was reportedly retaliated against. eHealth Africa allegedly blocked her access to her work email, office locations, and documents because of her interference and she was eventually fired, according to her whistleblower retaliation lawsuit.

One thought on What Is Retaliation?

  1. Rhonda Lowe says:

    If someone could please contact me in regards to Employer retailiation due to my disability

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