Although both similar there is a difference between retaliation and whistle blowing.
Retaliation is when you have engaged in what is called a protected activity, such as filing a workers’ compensation claim, and your employer takes revenge on you by demoting you, harassing you or firing you.
Whistle blowing on the other hand is when you report an illegal activity being carried out by your employer, such as defrauding Medicaid for example, to the government or a law enforcement agency. Whistle blowing is also a protected activity so you cannot be fired because you reported them.
Many things qualify as protected activities, including complaints about discrimination at work, asking for medical leave or filing for workers’ compensation. In addition if you refuse to carry out your employer’s demands if you think they are illegal, or testify against them in court, or help a government agency or law enforcement to investigate claims which have been filed against the employer. All of these are protected activities.
However you can still be fired for other reasons, as long as the employer can prove that the fact you undertook a protected activity was not related to your dismissal. However, should you prove that the retaliation by your employer was directly as a result of say whistle blowing, then your damages could include getting your job back, payment of back wages, payment for future loss of income and punitive damages.
