Are you aware of fraudulent activity within a consumer products company, or an inherent danger of a product the company is trying to conceal? It is important to know your rights under the Consumer Product Safety Improvement Act (CPSIA) so you can safely blow the whistle.
Here are a few tips to keep in mind.
Know the applicable legal standard: The CPSIA whistleblower statute has the same elements of retaliation claims as other whistleblower statutes, including protected activity, unlawful discrimination and causal links between the two. You must demonstrate that whistleblower activity contributed to the company’s retaliatory action.
Know what types of products are covered: The CPSIA covers consumer products, which is a very broad category of goods. There are some exceptions clearly defined in the law, including tobacco, aircraft and motor vehicles, as well as other types of products that are regulated by other federal laws.
Know the statute of limitations: You do have a deadline to file a CPSIA whistleblower retaliation claim. Your complaint should be filed with the Department of Labor within 180 days of the retaliation.
Know the damages you could recover: If you have evidence whistleblowing was a contributing factor in the retaliatory actions taken against you, you could be awarded reinstatement, back pay, attorneys’ fees and other compensatory damages (including emotional distress).
Work with an attorney: You should retain an attorney as soon as possible if blowing the whistle on wrongdoing, and especially if you then suffer retaliation. They will be able to guide you in the next steps you should take with your case.
For more information about consumer products whistleblowing and whistleblower retaliation suits, contact an experienced attorney at Kardell Law Group.