Whistleblower Retaliation Exhibit Guide

Protected activity documentation

• Internal complaint or report

  The email, letter, hotline submission, or written report where you raised the concern

• Evidence the report was received

  Read receipts, acknowledgment emails, case numbers from ethics hotlines, or certified mail receipts

• SEC or OSHA complaint filings

  Copies of complaints filed with the SEC, OSHA, DOL, or other federal or state agencies

• Communications about the reported conduct

  Emails, memos, or messages discussing the fraud, safety violation, or illegal activity you reported

• Supporting evidence of the underlying violation

  Financial records, safety inspection failures, or other documents that back up your original report

Retaliation evidence

• Termination letter or notice

  The formal written notice of firing, demotion, transfer, or other adverse action

• Performance reviews before and after reporting

  Side-by-side comparison showing a shift in evaluations after you made your report

• Discipline records

  Write-ups, PIPs, or warnings issued after your protected activity that did not exist before

• Pay and benefits changes

  Documentation of salary reductions, bonus denials, schedule changes, or benefit losses after reporting

• Hostile work environment evidence

  Emails, messages, or witness accounts of isolation, exclusion from meetings, or changed treatment

Employment and performance records

• Complete performance history

  All annual reviews, ratings, and commendations from your entire tenure -- not just the most recent

• Awards, bonuses, and promotions

  Evidence of your track record before the retaliation to counter claims of poor performance

• Offer letter and employment contract

  Terms of your employment, including any arbitration clauses or reporting obligations

• Personnel file

  Request your full HR file -- compare what is in it now versus what was there before you reported

Company policies and ethics codes

• Whistleblower or anti-retaliation policy

  The company's own written policy protecting employees who report misconduct

• Code of conduct or ethics policy

  The policy that required or encouraged you to report the violation in the first place

• Reporting procedures

  The hotline number, email address, or chain of command the company told employees to use

• Severance or separation agreement

  Any agreement offered after termination -- note confidentiality or non-disparagement clauses

Timeline and witness evidence

• Chronological timeline

  Date-by-date log from the day you first noticed the problem through the adverse action and aftermath

• Witness statements

  Written accounts from coworkers who saw the retaliation or knew about your protected activity

• Comparator evidence

  Records showing how similarly situated employees who did not report were treated differently

• Text messages and personal notes

  Contemporaneous notes, texts, or journal entries documenting events as they happened

What counts as protected activity under federal whistleblower laws?

Protected activity depends on the statute. Under the False Claims Act (31 U.S.C. section 3730), reporting fraud against the government is protected. SOX section 806 (18 U.S.C. section 1514A) protects employees of public companies who report securities fraud, wire fraud, bank fraud, or SEC rule violations. Dodd-Frank section 922 protects individuals who provide information to the SEC. Many state laws protect reports of workplace safety violations, environmental hazards, or violations of state law. The key is that you reported something you reasonably believed was illegal or fraudulent through the right channel.

How do I prove my employer retaliated against me for reporting?

Retaliation cases require showing three things: you engaged in protected activity, the employer took an adverse action (firing, demotion, pay cut, hostile reassignment), and the two are connected. Temporal proximity is the most common evidence of causation -- if you were fired two weeks after reporting fraud, that timing alone can establish an inference of retaliation. Performance reviews that shifted from positive to negative after your report, comparator evidence showing other employees were treated better, and direct statements from managers about your reporting all strengthen the connection.

What are the filing deadlines for whistleblower retaliation claims?

Deadlines vary by statute. SOX whistleblower complaints must be filed with OSHA within 180 days of the adverse action. Dodd-Frank claims filed with the SEC have a 6-year statute of limitations with a 3-year discovery rule. False Claims Act retaliation claims have a 3-year statute of limitations under 31 U.S.C. section 3730(h). State whistleblower statutes have their own deadlines, often ranging from 90 days to 3 years. Missing the deadline can bar your claim entirely, so check the specific statute that applies to your situation.

Should I report internally first or go directly to a government agency?

It depends on the statute and your situation. SOX section 806 does not require internal reporting first. Dodd-Frank section 922 requires reporting to the SEC (not internally) to qualify for SEC whistleblower protections and potential financial awards. The False Claims Act protects both internal and external reports. Practically, internal reporting creates a paper trail that proves the employer knew about your concerns. But if you believe the employer will destroy evidence or retaliate immediately, going directly to the agency may be safer. Document whatever path you choose.

Are my documents safe when using ExhibitPrep for whistleblower evidence?

Yes. ExhibitPrep processes all files in your browser. Internal reports, emails with evidence of fraud, personnel records, and agency filings are never uploaded to any server. This matters for whistleblowers because employers sometimes monitor corporate email and file-sharing systems. Using a browser-based tool on your personal device means your exhibit preparation stays outside your employer's network and surveillance capabilities.