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If you acted as a whistleblower regarding your employer’s conduct and there was retribution against you, you should know that you have rights. If an employer unlawfully retaliates against an employee, the employee has the right to bring a retaliation claim.
At Madsen, Prestley & Parenteau, LLC, our knowledgeable whistleblower attorneys have decades of experience defending the rights of Connecticut whistleblowers.
We have a long track record of success in whistleblower cases. We are dedicated to helping people protect their livelihoods through negotiation and, when necessary, litigation. Contact us to learn how we can help you.
Whistleblowers often report illegal or unethical conduct on the part of a business, organization, or government agency or official. Whistleblowers have been instrumental in rooting out fraud, price-fixing, code or safety violations, abuse of authority, unfair practices, discrimination, false claims, accounting irregularities, and similar acts.
If you have blown the whistle on that type of conduct and believe that you are being punished as a result, you should contact a Connecticut employment attorney to determine whether you are entitled to legal protection.
The principal statute that protects “whistleblowers” under Connecticut law was enacted in 1982 following the Connecticut Supreme Court’s seminal decision in Sheets v. Teddy’s Frosted Foods, Inc., 179 Conn. 471 (1980), which established the tort of “wrongful discharge” for employees in Connecticut.
Connecticut General Statutes § 31-51m is the primary statute that protects employees against discharge, discipline, or other penalty for reporting a violation or suspected violation of any local, state, or federal law to a public body. The protection applies to both verbal reports and those made in writing.
An employee of a municipality is also protected when reporting unethical practices, mismanagement or abuse of authority by the employer to a public body. Section 31-51m claims must be brought within 90 of the violation, or within 90 days of the exhaustion of all available administrative remedies, whichever is later. If a violation of the statute is established, the employee may be entitled to reinstatement, back wages and benefits and reasonable attorneys’ fees.
In addition to the protection afforded by § 31-51m, the legislature has enacted whistleblower protection for particular classes of employees in order to encourage reporting of suspected abuse or disclosure when the safety of the public is at issue. Connecticut General Statutes § 17b-451(e) provides the remedies afforded by §31-51m to any person who is discharged, or discriminated or retaliated against, because of reporting abuse of the elderly.
Section 16-8a provides whistleblower protection to employees of a “public service company,” but the complaint must be filed with the Department of Public Utility Control.
Connecticut General Statutes § 33-1336(a) gives whistleblower protection to employees who reveal fraud against shareholders by corporations organized or authorized to transact business in this state.
A civil action for discharge or discrimination may be brought against any person who violates this section in Superior Court seeking damages or injunctive relief. State employees, quasi-public employees and employees of large state contractors may not be retaliated against for reporting information to the Auditor of Public Accounts or the Attorney General under Connecticut General Statutes § 4-61dd. This statute provides for an internal investigation by the Attorney General and remedies through the executive branch.
Finally, Connecticut General Statutes § 38a-479ff protects employees from retaliation for filing complaints with the Insurance Commissioner relating to unfair insurance practwhistleblower attorneymmission (SEC) or initiating, testifying in, or assisting in any investigation or judicial or administrative action of the SEC based upon or related to such.”
One of the original anti-retaliation acts, this law is used to hold those who defraud the government liable for their actions, but it also makes it illegal for an employer to retaliate against an employee who pursues action under this act.
This anti-fraud act also makes it illegal for “publicly traded companies, including any subsidiaries or affiliates …from discharging, demoting, suspending, threatening, harassing, or in any other manner discriminating against an employee because such employee provided information, assisted in an investigation, or filed, testified, or participated in a proceeding regarding any conduct that the employee reasonably believes is a violation of SOX, any SEC rule or regulation, or any federal statute relating to fraud against shareholders, when the information or assistance is provided to a federal regulatory or law enforcement agency, any Member or committee of Congress, or a person with supervisory authority.”
If you are a current or former federal employee or member of the military, you may also seek protection for retaliation for legitimately disclosing “evidence of waste, fraud or abuse” under the Whistleblower Protection Enhancement Act of 2012. This act strengthens protection for federal employees by clarifying the law, and includes protection in cases where an employee “reasonably believes are evidence of censorship related to research, analysis, or technical information that causes, or will cause, a gross government waste or gross mismanagement, an abuse of authority, a substantial and specific danger to public health or safety, or any violation of law.” It expands the penalties imposed for violating whistleblower protections.
Forms of retaliation may include denial of promotions, benefits or bonuses, being subjected to a hostile or even unsafe working environment, or employment sanctions, including “blacklisting.” These forms of retaliation are illegal. If you are a whistleblower and have been punished by your employer, you should speak to a whistleblower rights attorney.
To learn more, please contact us online or call us at (860) 246-2466 to schedule a confidential consultation with a Connecticut whistleblower attorney.
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