As an employee, you have certain rights and protections. One of these rights is the ability to report your employer’s actions that violate the law. However, many workers refrain from exercising this right due to intimidation and fear of retaliation. If your employer retaliates against you for speaking up, this is a violation of the law. Consult a skilled Nashville whistleblower lawyer about your circumstances for guidance in taking action.
Yezbak Law Offices is experienced in advising employees on how to “blow the whistle” on employer wrongdoing. Yezbak Law was founded in 1998 by Charles Yezbak with the goal of standing up for workers’ rights, which remains our main focus to this day. Our lawyers have years of experience representing employees who have been retaliated against for blowing the whistle, whether in negotiations, agency proceedings, litigation, or arbitration.
Employees who speak out against unlawful activity should never be fired or penalized for doing the right thing.
The laws that protect whistleblowers usually require that certain filing deadlines, called statutes of limitations, be met to preserve legal claims. Employees may also need to meet other prerequisites before filing a whistleblower claim, like following internal complaint procedures. For these reasons, it is important to consult with an attorney early and if possible before you blow the whistle.
In fiscal year 2023, there was a total of 3,243 whistleblower docketed cases received by the U.S. Department of Labor, which was higher compared to the previous year. The vast majority of these cases involved OSHA violation claims.
Whistleblowing is a legal term referring to a worker legally disclosing information about an employer’s misconduct, wrongdoing, or other unlawful or unethical activity. The whistleblowing may be reporting the issue internally within the organization, such as submitting a complaint to Human Resources or a supervisor, or externally to law enforcement, regulatory agencies, and more.
Examples of actions an employee may speak out against include:
If you are considering taking action against wrongdoing in the workplace, it is strongly recommended that you hire a whistleblower lawyer. Working with an experienced legal professional can make the process less overwhelming and easier to manage. Your attorney is there to protect your rights and hold the appropriate parties accountable.
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Various federal, state, and city laws protect employees who blow the whistle on employer wrongdoing. For example, the law protects whistleblowers who report incidents of discrimination and violations of securities laws, such as the Sarbanes-Oxley Act and the Dodd-Frank Act, as well as misappropriation of government funds (sometimes called “qui tam” claims).
Qui tam refers to the process of a private individual, known as a relator, taking action on behalf of the United States against a party who has defrauded the government. In return, the whistleblower receives a portion of the financial recovery as a reward. These actions may be taken under the federal False Claims Act, sometimes called the Lincoln Law, as well as the state equivalent, the Tennessee False Claims Act (TFCA).
Other laws protect whistleblowers in certain industries, including Air and Rail Transportation, Nuclear Energy, Health Care, Defense Contracts, and Consumer Products Manufacturing. In some circumstances, whistleblowers who report wrongdoing may be eligible for rewards.
Many whistleblower cases also involve other employment law claims, such as retaliation, discrimination, wage and hour violations, or wrongful termination. Identifying every available legal claim—and choosing the best strategy for pursuing those claims—is an important part of protecting an employee’s rights.
The law prohibits employers from retaliating against employees in many situations. The laws that protect whistleblowers usually require that certain filing deadlines, called statutes of limitations, be met to preserve legal claims.
Employees may also need to meet other prerequisites before filing a whistleblower claim, like following internal complaint procedures. For these this reasons, it is important to consult with an attorney early, and if possible, before you blow the whistle.
The legal venue that may handle a whistleblower case depends on whether it involves state or federal statutes, among other relevant case factors. If federal laws are involved in a whistleblower case near Nashville, it would most likely be processed by the U.S. District Court for the Middle District of Tennessee, Nashville Division.
Cases that strictly fall under state jurisdiction would most likely instead be processed by the Davidson County Chancery Court or Circuit Court, or in the county where you work or the company is located. Be sure to verify any addresses, contact information, or other critical details with your whistleblower lawyer.
In Tennessee, a whistleblower claim is considered to be any instance where a person, often an employee, reports illegal or unethical activity committed by their employer or another organization. Whistleblowers are protected from retaliatory actions because they are speaking up against misconduct, whether it be for mistreatment they directly experienced or because of unsafe or unfair conditions in the wider workplace.
The compensation available in a whistleblower case depends on the specific law that applies to your claim and the facts of your case. There is no single remedy that applies to every whistleblower action. Depending on the applicable federal or Tennessee law, a successful whistleblower may be entitled to remedies such as:
Because different whistleblower statutes provide different remedies, it is important to have an attorney evaluate your situation early. An experienced whistleblower lawyer can identify the laws that may apply, explain the remedies that may be available, and help protect your rights throughout the process.
If you believe you may have a whistleblower case in Tennessee, it is strongly recommended that your first step be consulting a qualified attorney. A whistleblower lawyer can verify the strength of your claim based on the evidence available, help you evaluate the potential risks, and determine which laws apply to your case. Your attorney can also help you in reporting the misconduct to the appropriate authority, collecting supporting evidence, and protecting you from retaliation.
In the state of Tennessee, there is no standard timeline for a whistleblower case because every situation is different, with unique factors. Due to the high complexity level of many whistleblower claims, these cases can often take up to a year or even several years to resolve. However, it is strongly advised that you take action soon after suspected misconduct to avoid missing deadlines or to improve the chances of securing important evidence.
Yezbak Law Offices is a trusted law firm dedicated to advocating on behalf of employees’ rights. Don’t hesitate to consult us for counsel and fierce representation from a qualified and capable Nashville whistleblower attorney. We are ready to examine the details of your whistleblower case, discuss your legal options, and answer any questions you may have before guiding you through the next steps.