Question 1

What counts as protected activity in a retaliation claim?

Accepted Answer

Protected activity includes reporting discrimination, harassment, or illegal conduct internally or to a government agency, filing a charge with the EEOC, IDHR, OSHA, or other agency, participating in an investigation, testifying in proceedings, refusing to commit an illegal act, filing a workers' compensation claim, and taking FMLA leave. You need a reasonable good-faith belief that you were reporting unlawful conduct.

Question 2

Can I win a retaliation claim even if my original complaint was wrong?

Accepted Answer

Yes. Retaliation is independently unlawful. The question is not whether discrimination or the other violation actually occurred, but whether you had a good-faith reasonable belief that it occurred and whether your employer punished you for reporting it. Many retaliation claims succeed even when the underlying claim is not proven.

Question 3

How quickly do I need to file a retaliation claim?

Accepted Answer

Deadlines vary by statute. OSHA safety complaints require filing within 30 days. EEOC discrimination retaliation charges must be filed within 300 days in Illinois. IDHR charges allow 2 years or direct state court filing. Illinois retaliatory discharge tort has a 5-year statute of limitations. False Claims Act qui tam actions generally allow 6 years from the violation.

Question 4

What damages are available for retaliation?

Accepted Answer

Depending on the statute, damages include reinstatement, back pay, front pay, compensatory damages for emotional distress, punitive damages for retaliatory discharge, double back pay under the FLSA and False Claims Act, and attorney's fees. Qui tam whistleblowers may receive 15 to 30 percent of the government's recovery. Dodd-Frank securities whistleblowers may receive 10 to 30 percent of SEC sanctions over 1 million dollars.

Question 5

Does the Illinois Whistleblower Act protect internal-only complaints?

Accepted Answer

The Illinois Whistleblower Act (740 ILCS 174) specifically protects reports made to government or law enforcement agencies. Internal-only complaints may be protected under other statutes such as the IHRA anti-retaliation provision or the Illinois common law retaliatory discharge tort.

Question 6

I was fired after filing a workers' comp claim. Is that retaliation?

Accepted Answer

Likely. Terminating an employee for filing a workers' compensation claim is retaliatory discharge under well-established Illinois law from Kelsay v. Motorola. This is a tort claim filed directly in state court with no administrative exhaustion required. Damages include lost wages, emotional distress, and punitive damages.

Question 7

Can I get a financial reward for reporting fraud?

Accepted Answer

Yes. Under the False Claims Act, qui tam whistleblowers can receive 15 to 30 percent of the government's recovery. Under Dodd-Frank, SEC whistleblowers can receive 10 to 30 percent of sanctions exceeding 1 million dollars. The IRS whistleblower program also provides awards for reports of tax fraud exceeding 2 million dollars.

Question 8

You also advise employers on compliance. Is that a conflict?

Accepted Answer

We never represent employees and employers in the same matter. Our employer-side compliance practice including anti-retaliation training for managers makes our employee work more effective because we know what employers are supposed to do when an employee engages in protected activity and where they cross the line.

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