Companies typically act quickly to silence those who report misconduct
According to a recent survey from Ethics and Compliance Initiative (ECI), fewer American employees have witnessed workplace misconduct in the past year — but retaliation against those who blow the whistle on wrongdoing is on the rise. ECI surveyed more than 5,000 employees in late 2017; it has conducted a similar study since 2000. The study found that the number of workers who had witnessed conduct that either violated their company’s ethical standards or broke the law had fallen, from 51% in 2013 to 47% in 2017. That is the good news in the survey — a slight decrease in unethical or illegal behavior (although it is still nearly 50% of employees).
More disturbingly, the study found that employees felt increasing pressure to compromise their ethical standards. 16% felt this pressure in 2017, compared to just 13% in 2013. 84% of those who felt pressure had observed misconduct by their colleagues. The types of misconduct witnessed ranged from lying to employees and stakeholders (26%), abusive behavior (21%), and conflicts of interest (15%). Most of this misconduct (63%) was committed by someone in a managerial or supervisory position.
While a greater number of employees did report the misconduct than in the past (69%, as compared to 59% in 2000), the instances of retaliation against employees who file these reports is rising faster than the rate of reporting. In 2017, 44% survey respondents stated that employees who reported misconduct experienced retaliation. This retaliation happened swiftly, with 72% stating that it often occurred within 3 weeks filing the initial report. The types of reports that were filed tended to be for serious offenses, such as misuse of confidential information, accepting bribes or kickbacks, stealing or sexual harassment.
Retaliation against whistleblowers is illegal, under both state and federal laws. While it may be a relatively easy way for companies to silence employees in the short-term, it can create more difficulties for employers over time. As an experienced employment lawyer can explain, employees who file whistleblower retaliation lawsuits may be entitled to a wide range of damages, including compensation, back pay, loss of benefits, future pay, and a restoration of his or her former position.
Although retaliation against employees who report misconduct or illegal activities is illegal, that does not stop many employers from engaging in this type of behavior. Far too often, employees are penalized for speaking up and reporting unethical conduct — leaving them jobless or demoted as a result of doing the right thing. In many cases, a skilled employment lawyer will be able to assist in obtaining justice for employers who have been wrongfully fired or otherwise punished for reporting wrongdoing.
For more than 50 years, PLBH has helped employees who have been wrongfully terminated or discriminated against in the workplace. Our employment lawyers are aggressive, knowledgable and compassionate. We know how to get results — and will work with you to obtain the best possible results. Contact our firm today at (800) 435-7542 or info@plblaw.com to schedule a consultation with one of our experienced employment lawyers today.