what is a whistleblower attorney

Full Answer

What is the whistleblower law and who does it benefit?

Whistleblower protection laws have been created to protect whistleblowers from retaliation by the companies or agencies involved. The original Whistleblower Protection Act (1986) and the more recent Whistleblower Protection Enhancement Act (2012) protect federal employees against retaliation by agencies they work for.

Are whistleblowers protected by law?

Whistleblowers are often protected under law from employer retaliation, but in many cases punishment has occurred, such as termination, suspension, demotion, wage garnishment, and/or harsh mistreatment by other employees. What can be done to protect whistleblowers? Legislative protection

What makes a successful whistleblower?

While not a prerequisite to a claim, most successful whistleblower cases involve fairly significant sums of money. The amount of potential damages will be a factor in assessing (i) whether it makes sense to pursue a claim and (ii) whether the government will be interested in devoting resources to investigating your case.

Who qualifies as a whistleblower?

Who qualifies. A whistleblower is a City employee or contractor who reports misconduct or wrongdoing. This can include misuse of taxpayer dollars. The Office of the Inspector General (OIG) will always keep the identity of a whistleblower confidential. However, the person or people who were reported may still be able to figure it out, and they ...

What is a whistleblower case?

Whistleblower cases under the False Claims Act, known as “qui tam” cases, are lawsuits against companies that make specific claims of fraud and misconduct by those companies that have caused the government to lose money.

How does a whistleblower lawsuit work?

When an employee or other private individual comes forward and files a whistleblower lawsuit with private information regarding a company's fraud against the government, they are known as a whistleblower or qui tam relator. In the United States, whistleblowers are protected from retaliation under the False Claims Act.

When someone is a whistleblower what do they do?

A Whistleblower is any individual who provides the right information to the right people. Stated differently, lawful whistleblowing occurs when an individual provides information that they reasonably believe evidences wrongdoing to an authorized recipient.

How much does a whistleblower get paid?

The whistleblower may receive a reward of 10 percent to 30 percent of what the government recovers, if the SEC recovers more than $1 million. The SEC may increase the whistleblower award based on many factors, such as: How important the information that the whistleblower provided was to the enforcement action.

What evidence does a whistleblower need?

A whistleblower need not have witnessed the challenged fraud or misconduct but he or she must have concrete and specific evidence of the fraud. Mere suspicion or belief is not enough. Being able to identify the “who, what, where, when, why and how” of the challenged fraud or misconduct is most helpful.

How do you win a whistleblower case?

WHISTLEBLOWER LAWSUITConfirm that there is an actual “false claim”Collect some evidence if possible.Hire an experienced whistleblower attorney.File a whistleblower complaint under seal.Offer to help the government with the investigation.Be patient with the process.More items...

What is an example of whistleblowing?

If an employee report wrongdoing that they believe is in the public interest, it is known as whistleblowing. Whistleblowing examples can include criminal activity, such as theft or unethical or unjust behaviour in the workplace, including racist, sexist or homophobic behaviour.

Is whistleblowing a crime?

Key Takeaways. Whistleblowers report illegal, unsafe, or fraudulent activities within a private or public organization. Whistleblowers are protected from retaliation by various laws enforced by the Occupational Safety and Health Administration (OSHA) and the Securities and Exchange Commission (SEC).

What are the 3 steps in whistleblowing?

Whistleblowing investigation process: How to prepare for an internal investigationStep 1: Separate the wheat from the chaff. ... Step 2: Contact the whistleblower. ... Step 3: Get to the bottom of things. ... Step 4: Take corrective measures.

What is a disadvantage of paying a whistleblower?

The Cons of Whistleblowing It is the case that an employee who brings a whistleblowing claim or otherwise provides information to the government can face retaliation from an employer and may have difficulty in getting hired in related fields going forward.

How long does it take to get whistleblower money?

Typically, after the SEC posts the Notice of Eligibility, it takes 12-18 months for SEC whistleblowers to receive their monetary award.

Do whistleblowers have legal protection?

It's in the public interest that the law protects whistleblowers so that they can speak out if they find malpractice in an organisation. As a whistleblower you're protected from victimisation if you're: a worker. revealing information of the right type by making what is known as a 'qualifying disclosure'

How long does it take to get whistleblower money?

Typically, after the SEC posts the Notice of Eligibility, it takes 12-18 months for SEC whistleblowers to receive their monetary award.

What is a disadvantage of paying a whistleblower?

The Cons of Whistleblowing It is the case that an employee who brings a whistleblowing claim or otherwise provides information to the government can face retaliation from an employer and may have difficulty in getting hired in related fields going forward.

What is the largest award payout to a whistleblower?

Deutsche Bank CFTC Whistleblower — An undisclosed whistleblower who reported violations of the Commodities Exchange Act under the CFTC's Whistleblower Program received roughly $200 million. It is the largest award to a single whistleblower under any whistleblower rewards program, including the False Claims Act.

Is it worth being a whistleblower?

So while whistleblowing may take time, it is worth it. Overall, you can be reimbursed for payments to attorneys, you will not incur much risk, and you will make at least $100,000 if your case wins. Dr. Feldman sums up why it's worth being a whistleblower.

What happens after a whistleblower is filed?

After your claim is submitted, the government may want to meet with you. Your whistleblower attorney will accompany you to these meetings and help prepare you for any questions that may be asked.

What happens if you file a qui tam lawsuit?

If your case is not qui tam and involves securities fraud, tax fraud, or some other type of fraud, you may not have to file a lawsuit, but you will have to submit information under the appropriate whistleblower program.

Can you keep your identity secret from a whistleblower?

It’s not always possible to keep a whistleblower’s identity a secret, but if your wish is to remain anonymous, we will do everything possible under applicable laws to protect your identity. It is illegal for you to be discharged, demoted, suspended, threatened, harassed, or in any other way discriminated against for filing a whistleblower claim, so if you are retaliated against for being a whistleblower, your attorney may file a lawsuit against your employer seeking reinstatement, compensation for lost pay, and more.

What is a whistleblower?

On the simplest level, a whistleblower is someone who reports waste, fraud, abuse, corruption, or dangers to public health and safety to someone who is in the position to rectify the wrongdoing . A whistleblower typically works inside of the organization where the wrongdoing is taking place; however, being an agency or company “insider” is not ...

Why is the National Whistleblower Center important?

That is why the National Whistleblower Center is working every day to support whistleblowers by assisting them in finding legal aid, advocating for policy protection s , and celebrating their achievement s. Find An Attorney.

How does NWC help whistleblowers?

NWC helps whistleblowers exercise their rights in the following ways: educating and training potential whistleblowers through workshops, reports and regular postings to our website, blog, and social media channels; assisting them in finding a whistleblower attorney; and. supporting high-impact whistleblower litigation.

What happens if the whistleblower prevails?

If the whistleblower prevails, an important precedent is often set that furthers the cause of whistleblowing. The law firms donate a percentage of the attorney fees earned from the case to the National Whistleblower Center to advance its mission of whistleblower protection. Although it is not a law firm and does not provide legal services, ...

What is the NWC petition?

In May 2019, NWC worked with the Associated Press to produce a hard-hitting story on a pending whistleblower petition before the Securities and Exchange Commission (SEC) to help the whistleblower increase the visibility of their case before the SEC.

What is the purpose of a whistleblower's intake form?

Whistleblowers can fill out a secure intake form that allows whistleblowers to submit basic information about their cases on a confidential basis. The intake form, and all communication with the Fund, are protected under the attorney-client privilege.

Do law firms charge contingency fees?

The law firms typically offer their services to whistleblowers with no upfront payment of fees or expenses, and charge contingency fees that are significantly below the market rate ( Contingency fees are fees charged only if the whistleblower secures a financial reward); and.

Does NWC provide legal services?

Although it is not a law firm and does not provide legal services, NWC supports high-impact whistleblower cases with communications and policy work. The National Whistleblower Legal Defense and Education Fund serves as the NWC’s attorney in these cases.