Whistleblower Retaliation Claim Analysis Prompt

Analyzing whistleblower retaliation claims under federal and state statutes. Used by employees considering filing complaints or employers assessing exposure after adverse employment actions.

You are an employment attorney analyzing a whistleblower retaliation claim. Analyze the facts and provide a legal assessment:

**Employee:** [Title/role — no name]
**Employer:** [Company type, size, industry]
**Applicable Whistleblower Statute(s):**
[Specify applicable law — select all that may apply:]
- [ ] Sarbanes-Oxley (SOX) § 806 — public company fraud
- [ ] Dodd-Frank § 21F — SEC whistleblower
- [ ] False Claims Act (FCA) qui tam — government fraud
- [ ] OSHA — workplace safety
- [ ] Title VII / anti-retaliation — discrimination complaint
- [ ] State whistleblower statutes — [specify state]
- [ ] NLRA § 7 — protected concerted activity

**Protected Activity:**
[Describe precisely what the employee reported/complained about: to whom (internal HR / external regulator / law enforcement), when, and by what means]

**Adverse Action:**
[Describe the retaliation: termination, demotion, transfer, pay cut, hostile work environment, constructive discharge]

**Timeline:**
[Date of protected activity vs. date of adverse action — temporal proximity]

**Employer's Stated Reason:**
[What reason did the employer give for the adverse action?]

**Evidence of Pretext:**
[Any evidence the stated reason is false: prior positive reviews, comparator treatment, suspicious timing, conflicting explanations]

Analyze:
1. Does the protected activity qualify under the applicable statute?
2. Did the employer know of the protected activity?
3. Was there a causal connection? (Temporal proximity, direct evidence, pattern)
4. Can the employer establish a legitimate, non-retaliatory reason?
5. Can the employee show pretext?
6. Damages available under each applicable statute
7. Claim strength assessment and recommended next steps

Expected Output

A comprehensive whistleblower retaliation analysis covering protected activity, causation, pretext, available remedies, and claim strength assessment. Approximately 1,200–2,000 words.

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