As a state employee, reporting misconduct, unsafe conditions or fraud in your agency is the right thing to do. However, you begin to question your action when you receive a termination letter. The unexpected nature of this event is more than just a random restructuring or a poor performance complaint. It can be your employer’s retaliation against you.
In Colorado, retaliation is illegal, and you can prove an employer’s stated reason is a cover-up. To win, you must prove three critical factors.
Engaging in protected activity
Under the Colorado State Employee Protection Act, reporting illegal conduct, waste of funds and threats to public safety is a protected action. Doing so grants you protections against retaliation.
However, it is important to note that you must report in good faith. The protections do not apply if you knowingly disclose information you know to be false.
Experiencing an adverse action
Because you engaged in a protected activity, your employer should not initiate or conduct any disciplinary action against you. They cannot terminate your employment, demote you, reduce your salary or subject you to a hostile work environment.
Proving a causal connection
Unfortunately, your employer can still retaliate against you and use a cover-up reason to get away with their unlawful conduct. This is where you must find evidence that proves the link between your reporting and their retaliation. Here are three factors to consider:
- Timing: The employer’s adverse action follows closely on the heels of a protected complaint.
- Pre-complaint praise: You receive a negative performance review despite exhibiting stellar performance before blowing the whistle.
- Inconsistent excuses: Your manager and the human resources department provide shifting or inconsistent explanations to hide their retaliatory motive.
Before reporting the misconduct outside the agency, you must give your supervisor, appointing authority, or a state legislator a chance to look at the information. You must appeal to the Board within 10 days of the retaliatory action that allegedly violated the Whistleblower Act.
Facing the complex process
Fighting for your rights is important, but the consequences can feel overwhelming. Given the complexity of the matter, it would be best to face this with help. Seeking legal counsel can help you comply with state whistleblower procedures and collect evidence against your employer’s unfair practices.