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Under federal and Connecticut state law, it is illegal for an employer to terminate an employee's employment for reporting conduct the employee believes is illegal. Known as “whistleblowers,” these brave employees have helped root out fraud, price-fixing, safety violations, false claims, accounting irregularities, and other unlawful acts. Unfortunately, being a whistleblower comes at significant personal and professional risk, up to and including wrongful termination.
If you experienced wrongful termination for whistleblowing, contact the whistleblower protection attorneys at Madsen, Prestley & Parenteau, LLC, today. Our law firm has extensive experience representing individuals in whistleblower retaliation cases and is committed to helping people protect their livelihood through negotiation and, when necessary, litigation.
“Whistleblowing” refers to an employee who reports, or “blows the whistle” on, their employer for violating the law. This may include reports that an employer is engaging in fraudulent activities, violating public policy, violating OSHA or other workplace safety regulations, or subjecting employees to harassment or discrimination in the workplace.
“Wrongful termination” refers generally to a situation in which an employer fires someone in violation of state or federal laws. Even though Connecticut follows at-will employment, which means an employer can fire an employee at any time and for almost any reason, this does not give an employer the right to terminate someone’s employment for an illegal reason.
Various state and federal laws protect whistleblowers from retaliation. When an employer takes adverse action against an employee, such as demoting, harassing, “blacklisting,” reducing pay, or terminating employment, the employee has the right to file a lawsuit.
Under Connecticut law, the time limits within which an employee must file their claim is different depending on the specific type of retaliation or whistleblower claim that the employee is filing. For certain types of claims, such as retaliation in violation of Connecticut General Statutes Section 31-51q, the time limit to bring the claim in court is three years from the date of the retaliatory action. For other claims, such as whistleblowing in violation of Section 31-51m of the Connecticut General Statutes, the deadline to bring the claim is as soon as 90 days from the date of the retaliatory action. For other types of claims, different statutes of limitations apply. For instance, claims of retaliation for opposing discrimination or harassment based on protected classes such as race, sex, age, disability, religion, pregnancy, or other protected classes, the employee must first file a claim with the Connecticut Commission on Human Rights and Opportunities (CHRO) within 300 days of the act of retaliation. Other types of retaliation claims have different deadlines, including 180 days to file claims with the Connecticut Department of Labor for claims alleging retaliation in violation of the Connecticut FMLA.
The time limits and requirements for filing a claim under federal law may vary depending on the law(s) the employer violated. For example, certain laws protect whistleblowers working in the financial sector, while other legal protections may be available to college professors. If you experienced wrongful termination for whistleblowing, our whistleblower protection attorneys can analyze your situation and provide guidance to help you move forward.
Since this is a complex area of the law and there are many different anti-retaliation laws which could apply to different circumstances, and many of those laws have different filing deadlines, it is critical to consult with an experienced employment attorney as soon as possible to make sure that your legal rights are protected.
Whistleblowers who were wrongfully terminated for reporting unlawful conduct can pursue legal remedies that may include:
Different laws allow for different types of remedies, and an experienced employment law attorney can provide advice about the types of damages that may be available for the type of retaliation claim that available in any particular case.
If you experienced wrongful termination as retaliation for whistleblowing, know that you have rights. Do your best to document everything in detail. It is appropriate to gather and preserve evidence, including communications between you and your former employer. However, it is important to not violate company policies regarding company information or documents and how those materials can can stored, disseminated, or shared. Write down what occurred and when and where it happened, who was involved, and the names of any witnesses. Since the most appropriate steps to take in any particular case will be different in each specific case, it is important to consult with an experienced employment attorney as soon as possible to obtain advice that is applicable to specific situations, and ensure that employees do not create problems for themselves through their efforts to collect evidence in support of their claims.
Whistleblowers often deal with sensitive information, complex workplace dynamics, and nuanced federal and state laws. The Connecticut whistleblower attorneys at Madsen, Prestley & Parenteau are committed to protecting employees who have been retaliated against for reporting illegal conduct. To learn how the whistleblower protection lawyers at Madsen, Prestley & Parenteau, LLC, can assist you, contact us online or call 860-246-2466 to schedule a confidential consultation at our Hartford or New London office.
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