Reporting misconduct at work is a serious and often intimidating decision. Although federal and state laws prohibit retaliation against employees who report misconduct, many workers still fear they could lose their jobs or face other consequences for speaking up. In some cases, those fears are justified.
Employers may attempt to disguise retaliatory actions under the guise of performance issues or restructuring. That’s why it’s critical to understand your legal rights, document your experiences, and speak with an attorney as early as possible.
Know Your Legal Rights
Before reporting workplace misconduct, it’s important to know your rights under federal and state law. Depending on the nature of the conduct, protections may exist under:
- Title VII of the Civil Rights Act
- The Americans with Disabilities Act (ADA)
- The Age Discrimination in Employment Act (ADEA)
- Whistleblower protection laws
- State-specific employment and retaliation statutes
These laws prohibit employers from retaliating against employees who report harassment, discrimination, illegal conduct, or violations of public policy. If retaliation does occur, you may have the right to pursue legal action and recover damages, including compensation for lost wages, emotional distress, and even punitive damages in some cases.
Understand the Nature of the Misconduct
While you are protected from retaliation, the misconduct you report must be based on a good-faith belief that a rule, law, or workplace policy has been violated. Avoid making baseless accusations or complaints rooted only in personal conflict. Instead, rely on objective observations or specific incidents that support your concerns.
Examples of workplace misconduct may include harassment, discrimination, wage violations, safety concerns, or illegal business practices.
Follow Internal Reporting Procedures
Most companies have internal protocols for reporting misconduct, typically outlined in employee handbooks. If possible, follow those procedures—report the issue to your direct supervisor or the human resources department.
If your supervisor is involved in the misconduct, escalate the report to HR or another department with oversight. However, keep in mind that HR’s primary obligation is often to the company, not to you. Always document your communications and responses in writing for your own records.
Consider Reporting to a Government Agency
In certain cases, you may need to report the misconduct to a government agency, especially if the issue involves discrimination, wage theft, or violations of safety regulations. Depending on the type of misconduct, you may be able to file a complaint with:
- The Equal Employment Opportunity Commission (EEOC)
- The Occupational Safety and Health Administration (OSHA)
- The U.S. Department of Labor
- A relevant state-level agency
If internal reporting doesn’t resolve the issue—or if you believe your employer may not handle your complaint properly—you may be justified in going directly to the appropriate agency.
Work with an Employment Attorney
Before making a formal report, especially if the misconduct involves illegal behavior, harassment, or discrimination, it’s wise to speak with an employment attorney. An attorney can help you:
- Evaluate your legal protections
- Prepare a formal complaint
- Document your report and timeline
- Understand how to respond to possible retaliation
By having legal guidance from the beginning, you are in a stronger position to protect your rights and respond to any backlash.
Retaliation Isn’t Always Obvious
Wrongful termination is not limited to being fired. If your employer retaliates by:
- Demoting you
- Cutting your hours
- Denying you a promotion
- Giving you poor performance reviews
- Reassigning you to undesirable shifts or roles
- Making your work environment so hostile that you feel forced to quit
…you may still have grounds for a retaliation or constructive discharge claim. In these cases, you don’t have to prove your employer explicitly admitted retaliation—you only need to show that the adverse actions likely occurred because you reported misconduct.
Proving Wrongful Termination
To succeed in a wrongful termination lawsuit, you must demonstrate—by a preponderance of the evidence—that your employer unlawfully retaliated against you. This means showing it is more likely than not that the retaliation occurred.
Important steps to take include:
- Saving emails, texts, and performance reviews
- Keeping notes of conversations and incidents
- Backing up your employment records
- Tracking any sudden changes in job duties or evaluations after your report
Circumstantial evidence can be powerful in proving retaliation, especially if your employer has not documented any legitimate reason for adverse actions.
Speak to a Center City Employment Lawyer at The Gold Law Firm P.C.
If you believe your employer has retaliated against you for reporting workplace misconduct, the Center City employment lawyers at The Gold Law Firm P.C. are here to help. Call us today at 215-569-1999 or contact us online to schedule a free consultation. Our offices are located in Philadelphia and Pennsauken, and we serve clients in South Jersey and Southeastern Pennsylvania, including Wilkes-Barre, Scranton, Northeast Philadelphia, Bucks County, Chester County, Delaware County, Lehigh County, Montgomery County, and Cherry Hill.
