Dear Claire,
If you believe you have been retaliated against for reporting unethical behavior or some other statutorily protected activity, you will need to first file a claim with the Equal Employment Opportunity Commission ("EEOC").
When a person believes they have been retaliated against they can file a Charge of Retaliation with the EEOC. In general, a person needs to file a Charge of Retaliation within 180 calendar days from the day the retaliation took place. In addition, in order to file a Charge of Retaliation, the person’s employer must have had 15 or more employees. After a Charge of Retaliation is filed, the EEOC investigates the claim. At the conclusion of the investigation, the EEOC informs the individual of their findings. If the EEOC does not find a violation of the law, it will issue a Notice-of-Right-to-Sue which provides permission to the individual to file a lawsuit. If the EEOC finds a violation, it will try to reach a voluntary settlement with the employer and if one cannot be reached, the case will be referred to the EEOC legal staff who will decide whether or not the agency should file a lawsuit. If the EEOC decides not to file a lawsuit, it will issue a Notice-of-Right-to-Sue. You will have 90 days from the issuance of the Notice of Right to Sue in which to file a lawsuit in Federal Court against your employer.
If you would like to discuss the specifics of your case in more detail, please feel free to contact me for a free, no obligation, consultation.
Chip
Answered on May 15th, 2014 at 2:55 PM