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


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