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Retaliation and Whistle Blowing FAQ
Neil Klingshirn What protection do I have from retaliation by my employer?
How do I prove retaliation?
Is whistle blowing the same thing?
What are some other examples of protected conduct?
How do I know what conduct is protected?
Does this mean I can't be fired after I do something protected?
Can I get into trouble for turning my employer into the authorities for no good reason?
Q: What protection do I have from retaliation by my employer?
A: The law protects employees from retaliation for engaging in protected conduct. In Ohio employees can sue for economic, emotional and punitive damages if their employer takes adverse employment action against them for engaging in protected conduct.
Fortney & Klingshirn provides answers to frequently asked questions about retaliation and whistle blowing to help you evaluate your options. These answers are not a substitute for legal advise. You must consult counsel licensed to practice in your state if you believe that you are a victim of retaliation.
Q: How do I prove retaliation?
A: The gist of a retaliation claim is that an employer "gets back" at an employee for doing something protected by law. To win a retaliation claim, employees must prove that:
- They engaged in protected conduct.
- Their employer disciplined, terminated or did something else bad to them.
- Their employer did the bad thing because they engaged in protected conduct.
inevitable discovery
a doctrine in criminal law: evidence obtained by methods that are unconstitutional may be admissible if it would have been inevitably discovered without the unlawful methods
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