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


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