Retaliation Claims and Legal Remedies: What You Can Recover and How

Justin Naughton
Jun 19
2 min read

Updated: Jun 23

Congruence Law, P.C. Fights for Whistleblowers Facing Reprisal for Doing the Right Thing

Blowing the whistle can be risky — but retaliation for speaking up isn’t just unethical. It’s illegal. Federal and state laws prohibit employers from punishing whistleblowers for protected disclosures. If you’ve been demoted, fired, blacklisted, or harassed after reporting wrongdoing, you may be entitled to significant remedies.

At Congruence Law, P.C., we represent whistleblowers in retaliation cases across sectors. We help clients seek justice, protect their reputations, and recover what they’ve lost.

What Is Retaliation?

Retaliation occurs when an employer takes an adverse action against an employee because of a protected disclosure. Retaliation can be overt or subtle, and includes:

Termination or forced resignation
Demotion, denial of promotion, or pay cuts
Harassment, threats, or workplace hostility
Unwarranted discipline or performance evaluations
Blacklisting or damaging professional reputation
Threatening legal or contractual consequences

To prevail, whistleblowers generally must show:

They engaged in protected activity
They suffered an adverse employment action
There is a causal connection between the two

Different laws impose different burdens — and offer different remedies.

What Remedies Are Available?

Depending on the applicable statute, whistleblowers may recover:

Reinstatement to their former position
Back pay and lost benefits
Compensatory damages for emotional distress, reputational harm, and out-of-pocket expenses
Punitive damages (in some private-sector cases)
Attorney’s fees and litigation costs
Injunctive relief, such as halting ongoing retaliation or clearing personnel files

Some laws also offer reward programs (such as under the False Claims Act or SEC whistleblower rules) — which are separate from retaliation remedies.

Common Retaliation Laws We Use

Whistleblower Protection Act (WPA) – for federal employees
5 U.S.C. § 2302, 2302(b)(8) – prohibits retaliation in personnel actions
41 U.S.C. § 4712 – for federal contractors and grantees
Sarbanes-Oxley Act (SOX) – protects employees of public companies
Dodd-Frank Act – provides SEC-related protections and rewards
State whistleblower statutes – vary by jurisdiction and industry
Title VII and ADA – protect against retaliation for reporting discrimination

We determine which law gives you the strongest protection — and the best chance of recovery.

What We Do at Congruence Law, P.C.

We represent whistleblowers from investigation through litigation, including:

Evaluating whether retaliation has occurred under applicable law
Drafting and filing administrative complaints or federal claims
Engaging in negotiations, mediations, or settlement talks
Filing suit in federal or state court, when needed
Protecting you from ongoing retaliation during the case
Preserving your eligibility for rewards or statutory remedies

We also represent clients who fear retaliation and want to prevent it before making their disclosure.

Pitfalls to Avoid

Missing filing deadlines — some statutes require action within 30, 90, or 180 days
Waiting too long to document adverse actions or connect them to the disclosure
Assuming informal grievances or HR complaints offer legal protection
Letting your employer reframe the issue as “performance-based” without pushback
Quitting without first exploring legal options for reinstatement or settlement