When most people think about retaliation claims, they turn their attention to hourly employees or mid-level staff who are being retaliated against by their managers. Many people don’t realize that executives also have protections against workplace retaliation.
Executives have state and federal protections that come into play when they report illegal activities or exercise specific rights. This can include reporting harassment or discrimination, flagging financial irregularities or cooperating with investigations into these matters.
Executives have whistleblower protections
Executives are covered under various federal laws, including the Dodd-Frank Act and the Sarbanes-Oxley Act. These laws explicitly offer protection to those who report misconduct, fraud and securities violations in publicly traded companies.
Even executives in private companies have similar protections. Some are state-specific, such as laws in California that specifically forbid retaliation against executives who report violations of any laws, federal or state. It doesn’t matter if the violations are directly tied to the executive’s duties.
Retaliation looks similar for executives and others
Executives often face similar retaliation as other employees. These can include things like wrongful termination, demotion, decrease in pay and harassment. The negative employment action must be in response to the protected activity that the executive engaged in, so they can still face disciplinary measures if they violate company policy.
Any executive who’s facing retaliation should ensure they understand their options for handling the situation. These cases can be rather complex and often require the assistance of someone familiar with these matters. It’s best to act quickly because there are time limits for cases like this.