Is an employee who mistakenly reports unlawful conduct that turns out to be lawful still protected from retaliation?
Yes. Retaliation law protects employees who assert rights protected by law even when the employees are wrong about whether their rights were violated. So long as the employee has a good faith belief that her employer’s conduct is unlawful, she can challenge that conduct free from a threat of retaliation. For example, a salaried employee may complain to the Department of Labor’s (DOL) Wage and Hour Division about her employer’s failure to pay her overtime. If the DOL investigates and concludes that she is not entitled to overtime, the employer cannot fire her for complaining.
