Can my Employer Withhold my Pension after I Lost a Whistleblower Case?
Provided by HG.org
When a case is lost where an individual has attempted to reveal illegal or corrupt practices in the company, it is important not to admit defeat. There are other options available. However, if all requirements have been met for benefits through the business, and these have not been received, this could be other illegal actions taken on the part of the organization.
Pension, retirement and similar items must be paid out provided all conditions of contractual obligations have been satisfied. This means that the company could face severe negative legal consequences if a pension or retirement benefits are not supplied in retaliation for actions against the business.
Due to regulations in place nationally, retaliation against an employee for any action he or she completes that may provide the courts or another source how illegal or unethical practices are accomplished is illegal. The business is prohibited from retaliating for whistleblowing, bringing safety concerns to a supervisor or other source and when another in the upper echelon has been reprimanded through the actions of the worker. This means that denying any benefits that are rightfully the individualís through a contract of employment or other matters is unlawful and could lead to severe legal consequences that may lead to fines or other penalties.
Retaliation Against an Employee
New regulations have been put in place across the United States that make it illegal to retaliate against an employee. This extends to withholding benefits that have been earned rightfully even after employment has been terminated. It is prohibited by law for anyone in a company to cause a negative consequence to someone that took part in whistleblowing, causing a reprimand or similar matter to affect a supervisor or manager or for any similar action taken by the employee. He or she may not be harmed through demotion, withholding benefits, a dock in pay or any other negative impact due to his or her direct actions. If the management does not prevent this, the individual may seek help through the Human Resources Department.
What the Case is Worth
When seeking legal assistance in these matters, it depends on how much the case is worth to proceed with certain actions and activity. If the benefits that are being denied are valuable, the lawyer may progress the case as best he or she is able to for the client. If the dollar amount is not as high, it may be necessary to seek a negotiated settlement. However, if there is enough evidence that the company is performing illegal activity such as retaliation or breaching promises on a contract, there may be enough proof necessary that the case may be successful and the other party may seek to settle.
When involved in these matters where the company is not adhering to the law, other compensation may be lumped in with the primary benefits such as a lack of wages, living expenses and even lawyer fees in certain circumstances. The court may grant enough compensation based on what is needed to return what has been taken by the company or entity before the person was terminated from the jobsite. This would mean both past wages that were lost and any future amounts that could have been earned to a certain point. Other bonuses and benefits may be redeemed in this manner monetarily as well if the case is successful.
It is important to explain to the judge or jury how the company took part in illegal actions of retaliation and this is why either the job was lost or benefits are being denied even though they are rightfully granted based on the employment contract and competed requirements and obligations of the worker. However, the court looks more favorably on individuals that have sought similar employment with the same or similar pay rates and benefits. This means the person must attempt to mitigate the employment damage and become part of a new company if possible. With this in place, it is more likely to acquire damages from the previous business.
If the company has taken part in illegal activity, it is crucial to obtain as much information and evidence of these action as possible. This may mean hiring a lawyer early to assist in this matter. Other professionals may need to be hired to help such as a private investigator. It may be necessary to hire an expert witness to explain the details to the judge or jury as well.
Read more on this legal issueWhat to do if You Have Been Fired for Whistleblowing
What Protection is There for Whistleblowers?
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.