With the dramatic increase in employee whistleblower activity in recent years, it is not surprising that there has been a corresponding uptick in whistleblower retaliation claims.
For example, the US Department of Labor’s Occupational Safety and Health Administration has reported a 45 percent increase in claims filed with the agency between 2010 and 2016 under the 22 federal whistleblower protection statutes it enforces. Many of these claims undoubtedly have been raised by employees who genuinely and reasonably believed their employer engaged in improper financial practices, fraud or other unlawful conduct. But far too many retaliation cases are initiated by marginal employees who have manufactured bogus whistleblower claims to preempt legitimate performance management, freeze their employer’s normal human resources processes, and cast a shadow on any disciplinary action directed their way.