How the FDA's Food Safety Modernization Act Protects Whistleblowers

Web Admin - Wednesday, August 03, 2016

Illinois employment law attorneysFood is a necessary element of human survival. It is also the most common source of foodborne illness. To reduce the occurrence, companies that manufacture, process, package, distribute, transport, or otherwise participate in the handling of food are held to certain safety standards. Furthermore, employees are protected when they notify the authorities of a violation. Unfortunately, a company that is willing to violate safety standards may also be willing to violate employment laws. If you suspect that you were wrongfully terminated or otherwise retaliated against by your employer for whistleblowing, know your rights and your options.

Protections Offered to Whistleblowers

Under the Food and Drug Administration’s Food Safety Modernization Act (FSMA), employees are protected from employer retaliation if they provide information about a violation of the Federal Food, Drug, and Cosmetic Act (FD&C), or if they report an act that they reasonably believed to be a violation. This includes reports made to the employer, the state attorney general, or federal government. Employees are also protected when they refuse to participate in an act that they believe may be in violation of the FD&C, and/or if they participate in proceeding against their employer for a violation of the FD&C.

What is Employer Retaliation?

Retaliation from an employer can come in many forms. It could be a wrongful termination or a layoff, a demotion, disciplinary action, denial of a promotion, intimidation or threats, job reassignment, or blacklisting for employment within the same industry. Essentially, it is any negative action that affects your employment, income, or employability – all of which are strictly prohibited by law.

Understanding Your Rights

If you reported your employer for a violation or otherwise engaged in protected actions and suspect that you have been retaliated against by your employer, you have the right to file a complaint with the Occupational Safety and Health Administration (OSHA). If, upon investigation, your employer is found to have been in violation of the FSMA and the protections that it offers you, you may be owed compensation for your losses, including:

- Re-employment,
- Payment for lost wages,
- Restoration of benefits,
- Additional monetary or benefits relief.

How Our Employment Law Attorneys Can Help

Complaints involving a violation of the FSMA are complex and time sensitive matters. Furthermore, you need to ensure that all facts about your case are included in your claim. Our Arlington Heights, Illinois employment law attorneys know how to effectively navigate these complaints and can help ease the stress you may be feeling after the loss of employment, benefits, or income. To learn more, contact DGAA and schedule a confidential consultation today.

Ken Apicella
About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.


Recent Posts


traumatic brain injury car accident Des Plaines claims law firm owner responsibility Long Grove estate planning unfunded trust anesthesia errors drug possession Barrington criminal lawyer Deer Park motorcycle accident lawyer Buffalo Grove criminal defense lawyer slip and fall accidents distracted driving accident victims loopholes Des Plaines real estate lawyer probate fees forming a corporation in Illinois Affordable Care Act Chicago employment lawyer Palatine drug lawyer irrevocable trust rumble strips Illinois Probate Act of 1975 Schaumburg wrongful death attorney trust payments estate attorney Crystal Lake medical malpractice law firm BAC compensatory time Arlington Heights trucking lawyer Des Plaines personal injury lawyer Mount Prospect wills and trusts lawyers Chicago attorney preventable medical errors probate claims process child safety Barrington attorney Rolling Meadows medical malpractice lawyers Chicago estate planning lawyer employee misclassification natural gas institutional trustee gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Des Plaines insurance attorney digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Rolling Meadows personal injury lawyer probate living trust Arlington Heights wills and trusts lawyer drug crime Illinois construction accident attorney estate planning for college students life insurance lawyer right to work drug crimes lawyer living wills Barrington employment attorney insurance claim dispute employment law Illinois probate lawyer brain injury Liquor Control Act Illinois personal injury lawyers Rolling Meadows personal injury attorney DUI attorney Illinois personal injury lawyer Illinois driving without license personal injury claims Long Grove real estate lawyer Chicago trucking accident attorney Deer Park accident attorney overtime pay pedestrian-automobile accident small business insurance denial appeals Schaumburg car accident attorney Schaumburg Attorney Arlington Heights medical malpractice lawyer estate planning attorney power of attorney Illinois workers compensation lawyer BUI Deer Park employment law attorney wills and trusts wrongful death agent rollover accidents Crystal Lake medical malpractice attorneys Crystal Lake will lawyer Des Plaines personal injury attorney insurance disputes Illinois job attorney living trust vs will Illinois Sales Representative Act college kids Rolling Meadows marijuana attorney Palatine employment lawyer creditors workplace sexual harassment homestead rights caregiver whistleblower protections Arlington Heights car accident lawyer Food and Drug Administration's Food Safety Modernization Act comparative negligence landlord tenant law real estate lawyer life insurance claims Rolling Meadows probate lawyer Fair Labor Standards Act meal breaks Schaumburg civil litigation attorney Schaumburg employment law attorneys car accident lawyer unpaid assessment dealing with problem employees Mt Prospect Attorney license Rolling Meadows estate planning attorney coronavirus personal injury IRA trust transfer Des Plaines pet law attorney Buffalo Grove personal injury lawyer jet ski Illinois medical malpractice lawyers insurance agents Illinois estate planning Crystal Lake employment attorney blended families Arlington Heights wills and trusts attorneys real estate attorneys Des Plaines drug crimes lawyer ACA bicycle dooring accidents Buffalo Grove employment lawyer Chicago biking tips Crystal Lake traffic attorney Barrington estate planning attorney insurance claim dispute attorney Schaumburg criminal attorney medical malpractice compensation Illinois insurance attorney Palatine workers compensation lawyer overtime violations Schaumburg driving Rolling Meadows insurance attorney Illinois living will Rolling Meadows corporate lawyer Inverness DUI lawyer special needs trust Chicago will attorney probate lawyer Crystal Lake business law attorneys business litigation wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace suspended license Deer Park DUI lawyer drunk driving DNR Illinois pedestrian accident attorney Barrington drug crime attorney Crystal Lake employment lawyer Barrington employment law attorney South Barrington real estate attorney problem employees real estate attorney healthcare medical malpractice insurance claim Inverness corporate attorney Illinois collections attorney DUI penalities medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers trucking accidents Illinois insurance claims lawyers internet Illinois bicycle safety employee discrimination real estate closing Arlington Heights insurance attorney Illinois trucking safety Legal Info living trust benefits digital media accounts, estate planning, Arlington Heights estate planning attorney, estate plan trench injuries estate tax job lawyers Barrington litigation attorney Illinois workplace lawyer operating agreements Illinois red light cameras power of attorney for healthcare traffic tickets accidental death benefits liens back injuries new real estate form unpaid overtime Chicago insurance claim attorneys dynasty trusts Inverness elder law lawyer pay when paid contract Inverness real estate attorney criminal defense civil litigation attorney mortgage Illinois injury lawyer Illinois workplace discrimination attorney real estate comp time insurance claim delay work unions financial advisors modern family estate planning Joliet general practice lawyers Rolling Meadows real estate attorney digital assets Illinois attorney ken apicella pain and suffering Inverness probate lawyer insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Illinois employment law firm Illinois personal injury Illinois employment attorneys Rolling Meadows hit and run accident sexual images Rolling Meadows personal injury lawyers underfunded trust Inverness injury lawyer Palatine insurance lawyer Palatine traffic lawyer Schaumburg elder law lawyer IRS Crystal Lake civil litigation lawyer Chicago will attorney, social media platforms, Illinois estate planning lawyer, Arlington Heights real estate lawyer defective products deed transfer Mount Prospect real estate lawyer truck collisions Chicago insurance law firm Rolling Meadows litigation lawyer Home Remodeling Repair Act PTSD Illinois boating accident lawyer Illinois employment lawyer Des Plaines civil attorney mass shooting workers compensation Riverwoods estate planning lawyer Arlington Heights wills and trusts lawyers GM ignition switches insurance claims Colin Gilbert Schaumburg employment attorney vacation home fines Inverness traffic law firm Rolling Meadows employment law attorneys insurance attorney Chicago traffic lawyer Barrington Traffic Lawyer underage DUI traffic accidents Forcible Entry Inverness accident lawyer revenge porn home inspection lawyer Crystal Lake personal injury lawyer boating under the influence Arlington Heights personal injury lawyer Schaumburg personal injury lawyer Illinois will lawyer murder defense expungement Deer Park workers compensation lawyer pizza emoji Rolling Meadows car accident lawyers Palatine Attorney Illinois insurance claim dispute lawyers license revocation Crystal Lake law firm Rolling Meadows drug defense attorney eluding a police officer Schaumburg drug defense lawyer fatal car accidents Illinois insurance claim dispute lawyer blood alcohol content Buffalo Grove personal injury attorney Crystal Lake estate planning lawyer Attorney Ken Apicella federal crimes Deer Park personal injury lawyer Barrington business law firm Super Mario insurance dispute attorney Illinois speeding lawyer Barrington estate planning lawyer products liability Illinois insurance lawyer pregnant women Deer Park traffic lawyer Rolling Meadows accident lawyer Schaumburg medical malpractice lawyer Des Plaines collections attorney Illinois LLC creation automated cars Family Medical Leave Act construction accidents Illinois real estate Palatine construction attorney insurance negligence filing a medical malpractice claim Buffalo Grove corporate attorney Illinois wrongful termination lawyer criminal record installment contracts traffic offenses Rolling Meadows insurance dispute lawyers, insurance dispute independent contractor Rolling Meadows Traffic Lawyer Deer Park traffic accident attorney medical marijuana natural gas explosion defective products lawyer Illinois motorcycle accident lawyer Palatine law firm Palatine punch death premises liability clemency Schaumburg estate attorney Illinois insurance disputes traffic violations Illinois jet ski accident lawyer estate planning trusts CAM life insurance policy car accident lawyers pet bites field sobriety test Palatine employment attorney Illinois DUI attorney Crystal Lake personal injury attorney Schaumburg traffic lawyer Chicago corporate attorney Illinois small business personal injury attorney personal injury law firm Illinois business lawyer elder law Des Plaines medical malpractice attorney Des Plaines DUI attorney Illinois insurance dispute lawyers Arlington Heights estate planning attorney Home Sale Contingencies medical research Illinois trusts attorney trustee trauma after an accident Arlington Heights Traffic Lawyer cell phone tower data criminal Arlington Heights personal injury attorney first degree murder health insurance dispute tax attorney POA crossover accidents Inverness real estate lawyer estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Exclusions FSLA low-ball insurance settlement ObamaCare boating DUI elder abuse fault based insurance traffic crimes Chicago car accident lawyer appealing an insurance claim Illinois insurance claim attorney Barrington injury attorney social media after death hiring employees car accidents Crystal Lake criminal defense attorney Illinois employment laws spinal cord injuries Palatine trusts lawyer Schaumburg real estate lawyer employees dog bites condo Des Plaines injury law firm Illinois employee rights attorney. Palatine injury attorney product liability loss of consortium Rolling Meadows boating crash lawyer head on collisions privacy capital gains tax Arlington Heights injury attorney Palatine corporate law attorneys Barrington real estate lawyer Schaumburg criminal law attorney drunk driving statistics cell phone accidents DMV cell phone marijuana Crystal Lake tax lawyer Rolling Meadows insurance dispute lawyers Rolling Meadows insurance lawyer insurance dispute employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Inverness civil lawyer Des Plaines Traffic Lawyer employment lawyer denial of life insurance Arlington Heights Attorney unauthorized overtime Schaumburg insurance lawyers Crystal Lake medical malpractice lawyer denied insurance claims Do Not Resuscitate Arlington Heights pedestrian accidents Barrington personal injury lawyer liability claims marijuana crimes attorney Fourth of July Barrington criminal defense lawyer estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Illinois home inspection Inverness estate planning lawyer breach of contract Des Plaines accident attorney Buffalo Grove law firm icy parking lots personal injury claim Landlord Tenant Ordinance dram shop law Class A misdemeanor Des Plaines tax law firm Illinois car accident attorney Rolling Meadows employment law attorney employment law, Illinois employment laws Barrington personal injury attorney civil litigation minimum wage Barrington civil litigation attorney Illinois real estate lawyer real estate leasing real estate contract Crystal Lake injury attorney denied insurance claim Buffalo Grove medical malpractice lawyers Crystal lake insurance dispute attorney Buffalo Grove real estate attorney Illinois Wage Payment and Collection Act liability employee rights wills personal injury lawyer investment property Crystal Lake insurance lawyer Jay Andrew Illinois traffic accident lawyer Illinois employment law attorney slip and fall Schaumburg corporate attorney reckless homicide employment contract Arlington Heights tax lawyer Deer Park criminal attorney Schaumburg estate planning lawyer IRELA Palatine real estate lawyer guardianship attorney pedestrian accident Illinois civil litigation lawyer Retaliatory Discharge Self-Directed IRA Accounts Palatine criminal defense lawyer Palatine employment law lawyer Illinois wills and trusts attorneys Buffalo Grove traffic lawyers Rolling Meadows traffic attorney Schaumburg personal injury lawyers Schaumburg personal injury attorney estate planning lawyer Arlington Heights wills and trusts attorney Illinois law contracts drug crimes bicycle accidents Buffalo Grove traffic attorney hands free device Illinois mortgages startup company spinal cord injury pedestrian accidents jet ski accidents DGAA Chicago employment attorney Illinois lawyer holiday statistics boating accidents motorcycle accident DUI defense Des Plaines real estate attorney corporate law insurance claim denial Illinois traffic attorneys Deer Park real estate law firm Chicago estate planning Palatine probate lawyer bike accident insurance claim denials Colin H. Gilbert paid sick leave wrongful termination Palatine business attorney trucking accident lawyers sole proprietorship probate claims Illinois personal injury attorney BAIID Illinois traffic ticket lawyer construction contracts llinois Real Estate Lawyers Association uninsured motorist condo association Kenilworth estate planning lawyer underinsured motorist car crash Crystal Lake car accident attorney Rolling Meadows Attorney life insurance Illinois employment law Palatine elder law attorney Thanksgiving Long Grove wills and trusts attorneys Illinois traffic attorney auto accidents estate planning surgical mistakes Schaumburg probate attorney Des Plaines motorcycle accident attorney LLCs rollover car crashes medical malpractice claims Detainer Actions preventing accidents Illinois Human Rights Act foreclosed rental property car crash injuries trusts Inverness personal injury attorney digital information rest breaks Illinois tax attorney pedestrian injuries, pedestrian fatality Deer Park medical malpractice attorney Illinois healthcare claims IRA benefits Rolling Meadows DUI lawyer construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation commercial leasing Barrington workers compensation attorney Arlington Heights accident attorney insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Crystal Lake employment law attorney Illinois pet lawyer DUI Inverness insurance attorney digital evidence Schaumburg estate planning attorney breathalyzer test texting and driving attorney fees Illinois corporate lawyer Barrington medical malpractice lawyers Illinois criminal defense attorney insurance adjusters Rolling Meadows traffic law firm traffic deaths Barrington Illinois estate planning lawyer Barrington boating accident attorney license reinstatement vacation home motorcycle accident lawyer consent to a search Crystal Lake pedestrian accident lawyer drugs Illinois Trust Code distracted driving accidents Schaumburg construction accident lawyer Palatine personal injury lawyer controlled substance Kenilworth estate planning attorneys Employment Discrimination Law Palatine estate planning lawyer real estate zoning Mount Prospect elder law attorney Illinois rollover accident lawyers gift taxes sexual harassment deadly crashes Illinois defective products attorney Illinois medical malpractice case Illinois registered agent no contest clauses Chicago lawyer texting while driving Crystal Lake bike accident lawyer Long Grove estate planning attorneys foreclosure rent to own real estate contracts Illinois medical malpractice attorney Des Plaines personal injury lawyers Des Plaines drug lawyer advance healthcare directive severance agreements Rolling Meadows criminal lawyer Illinois workers compensation attorney Illinois estate planning law firm car collision fiduciary rule landlord Arlington Heights employment attorney personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys involuntary manslaughter Palatine corporate attorney Whistleblower Claims Arlington Heights car crash attorneys insurance agent negligence residential real estate Palatine civil litigation lawyer Illinois Smoke Detector Act privacy laws commercial leases Buffalo Grove probate lawyer Palatine civil attorney Schaumburg injury lawyer Rolling Meadows criminal attorney license suspension Arlington Heights traffic attorney workers comp medication errors criminal law employment attorney in terrorem provision Crystal Lake car accident lawyer South Barrington real estate lawyer Crystal Lake pet attorney income distribution deducation Federal Food Drug and Cosmetic Act Rolling Meadows employment attorney Rolling Meadows tax attorney Illinois business law atorneys traumatic brain injuries insurance denials wage theft Illinois employment law attorneys nursing home negligence fiduciary rule delay bad faith insurance claims Des Plaines senior citizens employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, School Visitation Rights Act Rolling Meadows business lawyer Long Grove real estate attorney car crashes traffic violations defense probate process Arlington Heights employment law attorneys pet law Arlington Heights lawyer caretaker rights taxes Palatine traffic accidents Arlington Heights TBI attorney Illinois Transfer on Death Instrument Illinois wills and trusts swimming pools food poisoning TBI Barrington employment law firm murder charges Crystal Lake accident attorney disability benefits manufacturing Buffalo Grove car accident lawyer FMLA Illinois medical malpractice claim Buffalo Grove insurance claim dispute lawyers Arlington Heights criminal lawyer Illinois elder law attorney Long Grove estate planning attorney Policy Cancellation subcontractor traffic laws Buffalo Grove injury lawyer speeding personal injury accidents Des Plaines criminal attorney Illinois traffic laws Transfer on Death Instrument Crystal Lake traffic lawyer changes to mortgage law golf accidents Illinois Workers’ Compensation Commission Illinois estate planning attorney Kenilworth estate planning attorney workers compensation benefits commercial real estate civil rights violation murder federal regulations for LLCs