Whistleblowing is the act of exposing information or activities within an organization that are illegal or unethical. It can encompass any kind of serious misconduct, such as fraud, corruption, safety violations, and abuse of power. Whistleblowers are typically employees or inside sources who bring forth evidence of wrongdoing with the intent to bring about change and hold wrongdoers accountable for their actions.
In British Columbia, there are protections in place for those who take this brave step, including measures against retaliatory termination. However, provincial protections do not always stop wrongful dismissals. This is especially common in the private sector, which has fewer, looser restrictions as compared to the public sector.
Protections Against Retaliation for Whistleblowing
The Public Interest Disclosure Act (PIDA) protects public sector employees in BC who choose to report offences and wrongdoings within government and judicial ministries. Current and former BC public sector workers have the right to confidentially report public interest concerns to leadership figures within their organization or to the Office of the Ombudsperson. They may also participate in whistleblowing investigations and should do so without fear of demotion or retaliatory termination. PIDA also works with the Office of the Ombudsperson to foster transparency among public sector agencies and ministries by mandating annual reports regarding whistleblowing disclosures and the subsequent investigations and corrective actions.
The Whistleblowers Protection Act uses similar language regarding protections for employees in the private sector. It states that actions cannot be taken against an employee who has provided information concerning unethical or unlawful practices to the Office of the Ombudsperson. However, private sector whistleblower protections face heavy criticism for being too narrow and industry-specific in practice. Therefore, private sector employees may feel more vulnerable to retaliation for whistleblowing and may be hesitant to levy valid complaints.
What to Do If You Are Fired In Retaliation for Whistleblowing
Wrongful termination cases regarding whistleblowers are often complicated. In many cases, companies that fire whistleblowers will say they terminated an employee for just cause, a valid reason that warrants termination. For example, let’s say you work in an accounting department within a large corporation and discover that the company is engaging in fraudulent financial reporting. You report evidence of your findings to senior management in addition to other relevant authorities. Shortly after disclosing this information, you are fired from your position. The company states your official reason for termination as poor performance and failure to meet key performance indicators.
If you believe you were the victim of retaliatory termination, it’s important to document the events that led up to your termination. Save documents, correspondence, and evidence you collected in your initial report. Then, contact a lawyer to discuss your case. Stephens & Holman offers a free consultation to review your legal options. Contact us today to schedule an appointment.