Employees who choose to serve their country through military duty should never face punishment, harassment, or job loss for doing so. Yet, violations of the Uniformed Services Employment and Reemployment Rights Act (USERRA) still occur. Fortunately, whistleblowers who report such violations are protected—not just by federal law, but also under expanded protections in California and provisions of the CREW Act.
Fortunately, this article provides a full breakdown of whistleblower protections for employees reporting USERRA violations, with a focus on enforcement processes, retaliation safeguards, and employee rights under both state and federal law.
Understanding the CREW Act and Its Relevance to Whistleblowers
The CREW Act (Correcting Unjust Reemployment Violations Act) strengthens employment protections for service members returning to civilian work after military service. It enhances enforcement mechanisms and clarifies employer duties under USERRA.
Importantly, it also reinforces protections for individuals—whether employees or job applicants—who choose to become CREW Act whistleblowers by reporting employer violations.
Additionally, the CREW Act recognizes that whistleblower retaliation occurs far too often and bolsters safeguards for those who speak up.
What Qualifies as a USERRA Violation Under Federal Law
USERRA prohibits employers from taking adverse action against someone due to their military service, such as:
- Denying initial employment
- Failing to reinstate an employee post-service
- Reducing pay, seniority, or benefits
- Delaying or denying promotions
- Terminating or disciplining for service-related absences
Reporting USERRA violations could include notifying a supervisor, HR, the Labor Commissioner, or a law enforcement agency about such conduct.
Whistleblower Protections at a Glance
Whistleblowers are protected under multiple legal frameworks, including:
- The Whistleblower Protection Act (for federal employees)
- The California Whistleblower Protection Act (for state employees)
- California Labor Code sections 1102.5 and 98.6
- The Occupational Safety and Health Act
- The Fair Labor Standards Act (FLSA)
- And industry-specific laws like the Clean Air Act, Solid Waste Disposal Act, and Safe Drinking Water Act
Moreover, these laws prohibit retaliation such as:
- Termination
- Demotion
- Pay cuts
- Disciplinary action
- Harassment or threats
- Denying opportunities for professional development
It’s crucial to know the state or federal law applicable in your particular scenario, and unfair labor practices according to the federal government.
Protected Disclosures and Reasonable Belief
In addition to this, to qualify for protection, the whistleblower must have a reasonable belief that a violation occurred, even if it turns out to be incorrect. A protected disclosure includes:
- Telling a supervisor or government agency about suspected violations
- Disclosing information about unsafe conditions, illegal acts, or retaliation
- Filing a whistleblower complaint or reporting retaliation to a proper agency
Even internal complaints may be protected if made in good faith. Moreover, we also recommend learning about the Medical Leave Act to protect whistleblowers against unwanted legal heat.
Crew Act Whistleblower Protections: Reporting Employer Violations
Employees can file a complaint with:
- The U.S. Department of Labor’s Veterans’ Employment and Training Service (VETS) for USERRA violations
- The Occupational Safety and Health Administration (OSHA) for workplace safety and health issues
- The State Personnel Board or the Labor Commissioner in California for labor code violations
- The Office of Special Counsel (OSC) for federal whistleblower cases
- The Inspector General under the Inspector General Act for government waste, fraud, or abuse
Moreover, employees are encouraged to file complaints as soon as possible. However, many protections exist regardless of how long ago the alleged violation occurred.
Common USERRA and CREW Act Retaliation Scenarios
Retaliation can manifest in both obvious and subtle ways. Common examples include:
- Being fired after telling HR about USERRA non-compliance
- Reassigned to less desirable work following military leave
- Performance ratings being downgraded without cause
- Being excluded from meetings or advancement discussions
- Denied benefits like medical leave, overtime pay, or minimum wage
Sometimes, other employees may also be punished for supporting or corroborating the whistleblower’s story—this is also illegal.
Industry-Specific Whistleblower Laws
Several federal statutes offer additional protection in specific industries or situations:
- Sarbanes-Oxley Act: Covers corporate fraud and securities fraud
- Dodd-Frank Act: Includes financial services and rewards whistleblowers
- Privacy Act: Ensures identity and complaints can remain confidential
- Health Act and Health Administration: Address occupational health and safety concerns
- Toxic Substances Control Act: Protects disclosures about chemical hazards
- Interstate commerce workers and transport-sector employees are also covered under federal safety laws
No matter the field, whistleblower protections typically include anti-retaliation provisions and rights to compensation.
State-Specific Protections: The California Model
California is one of the most employee-protective states. The California Whistleblower Protection Act and California Labor Code sections give workers expansive rights to report misconduct.
State employees, contractors, and applicants who report improper governmental activities have protections. Moreover, safety violations, or sexual harassment are shielded under the same law.
The government code section and court rulings make clear: any state agency or state government body cannot penalize whistleblowers, even indirectly.
Penalties and Remedies for Whistleblower Retaliation
If the employer retaliated after a complaint, courts may award:
- Back pay
- Punitive damages
- Reinstatement
- Correction of disciplinary action
- Payment of attorneys’ fees
- Expungement of personnel records
- Enhanced damages under the Protection Act or the labor code
Some laws even allow whistleblowers to pursue injunctive relief to prevent further retaliation.
Obligations of Employers
Employers must:
- Train managers on whistleblower protection laws
- Maintain secure internal systems for employees to file a complaint
- Investigate complaints promptly
- Ensure no retaliatory action is taken
- Cooperate with laws enforced by OSHA, DOL, and other agencies
- Protect job applicants, not just current workers
Policies must also be inclusive, protecting against discrimination based on sexual orientation, national origin, and other protected categories.
Can Whistleblowers Be Anonymous?
Yes. Whistleblowers may choose to remain confidential, especially when dealing with government agencies. The Inspector General Act and other laws support anonymous tips and forbid disclosure of identity in many cases.
Even if anonymity is not maintained, whistleblower protections remain fully enforceable.
What About False Allegations?
Knowingly filing false claims may lead to disciplinary action or prosecution. However, reasonable belief in the alleged violation—even if later disproved—still qualifies as a protected act.
This balance encourages good-faith reporting without fear.
USERRA Whistleblower Protections for Service Members
When service members return from military service, they often expect a smooth transition back to work. Fortunately, the law provides recourse when a federal employee or private worker is retaliated against for requesting their reemployment rights,
They may be protected under both USERRA and whistleblower statutes. If the employer retaliated due to an employee’s effort to invoke their reemployment rights, it may be classified as both a labor code and whistleblower retaliation violation.
Final Thoughts: Whistleblowers Are the First Line of Defense
The CREW Act whistleblower framework, along with USERRA and related statutes, legally protects individuals. Whether you’re flagging unpaid wages, unsafe conditions, or violations of reemployment rights, the law is clear: you cannot be punished for doing the right thing.
Employers must respect the safety and health, dignity, and courage of workers who expose various violations, and ensure legal protections are embedded in workplace culture.
Call to Action
Are you a service member or employee who faced retaliation for reporting USERRA violations? Do you believe your rights under the whistleblower protection act, labor code, or CREW Act were ignored?
Bourassa Law Group is here to help.
We represent federal and private sector employees in whistleblower retaliation, labor law, and military rights claims. Our employment lawyers help clients file complaints, pursue back pay, recover punitive damages, and hold employers accountable.
Contact us today to confidentially discuss your case and protect your future.
1-800-870-8910