Retaliation & Whistleblower
Claims
Retaliation
Illegal
retaliation occurs when an
employer takes an adverse
action,
such as termination or
demotion,
against an employee
because s/he engaged in
a “protected activity,”
which is activity which is
protected by law or public
policy. Examples of
protected activity include
filing a charge of
discrimination,
participating in a
discrimination proceeding or
otherwise opposing
discrimination. A
termination for engaging in
protective activity is often
referred to as a wrongful
termination or retaliatory
discharge.
Whistleblower and other
Retaliatory Discharge Claims
Whistleblower claims arise
when an employee reports,
threatens to report or
refuses to participate in
certain types of illegal or
improper activities, such as
those that threaten the
health, safety or welfare of
Illinois citizens.
The law also
protects employees who
engage in other protected
activities such as becoming
eligible for Workers’
Compensation benefits.
Statutes (laws passed by
congress) and common law
(law that arises from court
decisions) provide remedies
for whistleblowers.
Sarbanes-Oxley
Whistleblower Claims (SOX)
SOX
established enhanced
standards for all U.S.
public company boards,
management, and public
accounting firms. The Act
includes employee
protections for corporate
fraud whistleblowers who
file complaints with OSHA
within 90 days.
Remedies include
reinstatement, back pay and
benefits, compensatory
damages, abatement orders,
and reasonable attorney fees
and costs.
Representative Cases
A large percentage of the
firm’s practice has been
dedicated to retaliation
claims. However,
privacy concerns and
confidentiality provisions
in settlement agreements
prohibit us from
identifying cases, named
parties, and the existence
and terms of settlement
agreements. What follows are a few
examples of cases we have
litigated and/or negotiated
to a favorable resolution.
Whistleblower
Retaliation:
Defendant fired plaintiff
for reporting and refusing
to engage in unsound banking
practices, in violation of
public policy under Illinois
common law and the Illinois
Whistleblower Act. No. 06 L
008283, Circuit Court of
Cook County, Illinois.
Employee reported shredding
of financial records and
mishandling of funds.
Company terminated employee
for his report, later
claiming he was also fired
for sexually harassing
another employee. During
the trial, the matter
resolved. No. 2004 SOX
0066, U.S. Dept. of Labor.
Plaintiff, a long-term
employee of trucking
company, alleged that the
employer terminated him
after he refused to falsify
trucking and transportation
records. No. 04 C 6038,
U.S. District Court,
Northern District of
Illinois.
Meat packing company
terminated plaintiff, a
quality control director
soon after he threatened to
report sanitation concerns.
Court denied Employer’s
Motion to Dismiss and Motion
for Summary Judgment. No.
96C0732, U.S. District
Court, Northern District of
Illinois.
Negotiated successful
resolution for our client,
an accountant, who was fired
after reporting that her
manager ordered her to
engage in improper financial
accounting practices.
Negotiated successful
resolution for our client,
VP of an international
company, who was fired after
he reported to the CEO that
his manager was engaged in
improper financial reporting
in violation of the
Sarbanes-Oxley Act.
Retaliation for Workers’
Compensation Claim:
Plaintiff, a laborer, was
denied light duty work and
terminated after he suffered
an on the job injury. No.
00 C 1922, U.S. District
Court, Northern District of
Illinois.
Retaliation for
Complaining of / Opposing
Discrimination:
The employer, a nursing home
facility, accused plaintiff
of performance problems and
terminated her after she
complained of race
discrimination. No. 03 C
1186, U.S. District Court,
Northern District of
Illinois.
Soon after plaintiff, a
logistics manager, filed a
charge with the EEOC
alleging a discriminatory
denial of promotion, the
employer excluded her from
business meetings and
decision-making and then
fired her. No. 07 C 4146,
U.S. District Court,
Northern District of
Illinois.
Plaintiff, an African
American assistant vice
president, complained of
race discrimination after
she was passed over for a
promotion. After she
complained, the employer
took away her managerial
responsibilities. The court
denied the employer’s motion
for summary judgment on the
retaliation claim. No. 01 C
2290, U.S. District Court,
Northern District of
Illinois.
Retaliation for Standing
up for Coworkers:
Our client, a male employee,
observed male supervisors
repeatedly grope female
employees. Concerned, he
reported the harassment
through the proper channels,
but the company failed to
take any action to stop the
harassment. Instead, the
company gave him unwarranted
criticism and terminated his
employment.
If you are concerned about
retaliation or whistleblower
claims, feel free to
contact us.
