In the workplace, a whistleblower is an employee for a company who reports a violation of the law by their employer. There are many ways in which whistleblowing can take place, as with sexual harassment claims or when a company is unlawfully polluting through its practices. Luckily, these days employees have protections that they should be aware of.
Strengthening of Anti-Retaliation Protections by CFTC
This week, the U.S. Commodity Futures Trading Commission (CFTC) approved amendments to whistleblowing rules that helped to strengthen anti-retaliation protections. This will not only help whistleblowers from being retaliated against in the workplace, but also enhances their process for reviewing claims. Under this new act, a whistleblower is now permitted to bring an action against an employer when they choose to retaliate against the employee.
James McDonald, Director of the Division of Enforcement, has stated, “The Whistleblower Program is an integral part of the Division’s efforts to identify and prosecute unlawful conduct. The Commission’s approval of these rules today will further strengthen and enhance our efforts to protect customers and promote market integrity.” Under the CFTC’s rules, new efficient efforts will be made to decide whistleblower award claims. You may even receive an award for your efforts through these new amendments, which are becoming extremely helpful to employees on many levels.
Whistleblower claims are taken very seriously, as they typically involve a violation of the law that is brought forth by an employee. Because of this, you as the employee must have good-faith beliefs that your employer is actually violating the law through their actions. Even if your employer is found to be in compliance after an investigation, you will be protected.
The first thing that you should do when you believe you have a claim against your employer is to take a look at the provisions relating to confidentiality in your workplace. You may want to file a claim, so speak to an attorney who understands the laws regarding your case. We can help with retaliation matters when you have reported your employer. Call us today at Maggiano, DiGirolamo & Lizzi for more.