There is no one-size-fits-all answer to the question of whether you should continue to work at your job after whistleblowing. You must balance various factors that include your well-being, career, safety, and potential legal case against your employer for retaliation. The one constant is that if your employer has violated your rights in any way, you may file a lawsuit against them to seek compensation. If you choose to remain on the job, you must be vigilant to detect signs of potential retaliation that may allow you to file a lawsuit.
How You May Be Retaliated Against as a Whistleblower
Choosing whether to continue with your current employer is a personal decision. However, there may be other external factors that can weigh upon your decision. If you are publicly identifiable, or your coworkers have a suspicion of what you did, it could make your day-to-day life far more difficult. You may face retaliation in the following ways:
- Being terminated from your job
- Having your performance evaluations wrongfully downgraded
- Being cut out of meetings to which you used to be invited
- Nasty or derogatory comments directed at you
- Threats to your physical safety and well-being
You are only entitled to compensation if your employer has engaged in some type of wrongful action. The mere fact that you have come forward as a whistleblower does not mean that you are entitled to financial compensation. This entitlement may arise when your rights have been violated, such as when you are subject to harassment or have experienced wrongful termination. These actions would arise out of your employer’s motive to retaliate against you for your conduct. In other words, the protections against retaliation may not keep it from happening in the first place.
Even if you believe that you must leave your job, there is still a possibility that you can take legal action against your employer for retaliation. If your employer has made your individual employment circumstances bad enough that you feel you had no option but to quit, you can file a lawsuit for constructive termination. Here, the circumstances would be such that a reasonable person would have felt compelled to resign.
What You Must Consider When Deciding Whether to Remain at Your Job
You may need to ask yourself several difficult questions in deciding your path forward, which include the following:
- How likely is it that the employer will try to retaliate against you?
- What will be the damage to your career if they do retaliate?
- Is your physical safety in danger?
- Is your mental health well-being potentially compromised?
- Are there any options in the middle ground that could still protect you and allow you to stay at your job?
Your whistleblower attorney can give you legal guidance about what your protections are and whether your rights have been violated. They can also advise you about how to be on the lookout for signs of retaliation and evidence that you may need to gather that can help in your case. Further, your lawyer may also give you their opinion about whether the conduct that you have already encountered is sufficient to be considered constructive termination. Your ultimate decision about whether to stay on your job or leave will be the result of both personal and legal considerations.
Cherry Hill Employment Lawyers at The Law Offices of Leo B. Dubler, III, LLC, Will Defend the Rights of Whistleblowers
When you have come forward as a whistleblower, the Cherry Hill employment lawyers at The Law Offices of Leo B. Dubler, III, LLC, can give you advice about your legal rights and what to do if they have been violated. You should consider contacting an employment attorney early, and you can schedule a free initial consultation with our office by messaging us online or by calling us today at 856-235-7075. With offices in Mount Laurel and Atlantic City, New Jersey, we proudly serve clients in the surrounding areas.