Many a times, you come across a situation where a very fine line distinguishes the right from the wrong. Suppose you become aware of an illegal activity of your employer. The question is do you report it to the authorities or not. Ethically, you need to do just that. However, many fear retaliatory action if he/she dare blow the cover of their employer.

Are you aware of the Pennsylvania whistleblower laws? If yes, you would know that there is no reason to fear. Only awareness won’t do, if you face a similar situation, you better consult a legal professional. If you do not have inkling about what we are talking about, it is best to get in touch with an employment lawyer to get the details.

Is protection available for you?

Pennsylvania Code 43 §1421, et seq. prohibits employers from taking any retaliatory action against an employee if he/she reports, or is about to report, an illegal activity, or violation of state or local rulings, or waste. What are the possible retaliatory actions? There are numerous instances, like,

- Termination
- Demotion
- Negation of promotion/benefits at due time

It may not be a concrete step like these. Your employer may also use measures like relieving you of certain job responsibilities, or creating a hostile work environment. Whatever it is, if you feel that there is discriminatory behavior from your employer you need to consult an employment lawyer practicing in your locality.

Pennsylvania labor and employment laws give all employees, working in public and private sectors, protection against retaliatory action if he/she acts as a whistleblower. Moreover, in instances like these, the employer does not have the opportunity to rectify the situation.

How do you remedy the situation?

In case of retaliatory action on the part of the employer, the first thing to do is find out a Pennsylvania employment lawyer immediately. The statute of limitations is effective in this regard too. You have 180 days to file a civil lawsuit, from the date of the retaliatory action. This is why taking a legal step urgently is important.

You and your lawyer need to work together to formulate the right strategies for the case. Remember, it is your duty to prove the occurrence of retaliatory action. This requires evidence and witnesses. At the time of the trial, your lawyer may need these to present your case and prove your point.

If guilty, the court imposes a fine of up to $500 on your employer. Along with that, the court may also order reinstatement (the same post, responsibilities and salary), back pay, benefits (if any), punitive damages, and such others. You can also claim the lawyer’s fees as part of the settlement. The court may order this as it deems reasonable.

A regular contributor to legal journals, Sandra Taylor offers practical tips for legal hassles related to labor and employment. If you require consultation with a Pennsylvania Employment Lawyer, she suggests you avail information from http://www.consolelaw.com.

No comments posted. Comments are closed.