It feels personal to lose a job after you reported workplace abuse, particularly when you have defended what is right. Most employers minimize the actual reason for terminating the employment of an individual who reveals illegal actions or harmful work routines.
“South Carolina law comes down hard on retaliation, but it is hard to hold companies accountable without evidence. The process has guidelines that are always vague,” says South Carolina whistleblower lawyer Bill Nettles, of the Law Office of Bill Nettles.
If you have been unlawfully terminated for blowing the whistle, this article will enlighten you about your rights.
What is Whistleblowing
Before you can file a formal complaint, you have to be aware of what whistleblowing is. It involves reporting illegal or unsafe activities in the workplace, such as fraud, safety hazards, discrimination, or misuse of government funds.
The statute applies to both private and public employees, depending on the specific law in question. Both South Carolina’s Whistleblower Act and federal statutes protect you if the state employs you.
Protection applies even if a complaint does not result in charges, provided it was made in good faith. Laws are more interested in your effort to report or stop illegal activities, instead of whether officials can prove wrongdoing.
Defining Retaliation
Retaliation occurs when your boss punishes you for speaking up. It does not always appear to be a dramatic firing on the spot. You might find that your hours are cut back, your pay is reduced, or you are suddenly left out of meetings you used to attend.
Courts often consider when these changes occur. If everything seemed normal until right after you reported misconduct, that timing can raise eyebrows.
If you experience retaliation, keeping detailed notes is essential. Record even the subtle incidents, such as being left off an important email, reassigned to a less favorable shift, or given tasks that fall below your level of responsibility.
What to Do If You Are Fired for Whistleblowing or Retaliation
Being terminated after making a report puts you in a worse situation, but there are steps you can take to safeguard yourself. Save emails, texts, write-ups, and any other documents that show changes after reporting.
Once you have enough evidence, present your case to agencies like the South Carolina Human Affairs Commission or the U.S. Department of Labor.
Deadlines for filing claims are often short, with some as brief as 180 days. Therefore, be sure to act promptly to avoid missing your opportunity to seek justice or hold your former employer accountable for retaliation.
Damages You May Recover in Your Case
When you win a case of whistleblowing, you may be awarded lost wages, which form the bulk of a claim for wrongful termination. The award includes back pay, future pay, lost health benefits, and retirement benefits.
You are also entitled to recover damages for emotional distress if the retaliation had an impact on your reputation or mental well-being. Most employees often suffer stress, anxiety, and insomnia after unfair dismissal.
Punitive damages come into play when the employer acts maliciously or recklessly. There are limits in South Carolina on certain types of damages; however, documented cases with strong evidence can still result in a worthwhile recovery.
The Need for Legal Consultation
Whistleblower lawsuits can become entangled in a quagmire quickly because they involve both state and federal regulations. Rather than attempt to navigate the maze yourself, it might be best to use the services of a South Carolina lawyer.
An experienced attorney can keep you from missing tight deadlines, move quickly on eleventh-hour filings, and fight for you if your employer resists. They also know how to gather evidence that reveals subtle clues of retaliation.
When you start looking for representation, be sure to highlight your local experience. A lawyer with years of experience representing whistleblowers will understand the courts, judges, and the typical tactics employers use.
Also Read: How to Establish Liability and Prove Fault In Personal Injury Claims
