what kind of attorney i need to whistle blow

A whistleblower attorney should have a history of successfully resolving cases and working closely with government agents, investigators and attorneys. Top whistleblower law firms have a long list of satisfied clients.

Full Answer

Do I need a whistleblower attorney?

Because every whistleblower claim is different, a whistleblower attorney should have extensive experience with the False Claims Act. An experienced attorney can assist you in determining if you have a viable False Claims Act case. Your attorney can then help you collect the information and evidence you need to pursue a claim successfully.

Can a whistleblower be anonymous?

Dec 06, 2016 · If you are reading this, I assume you are trying to decide whether to blow the whistle or you are looking for an attorney to represent you or both. I, too, was a whistleblower. I am writing to share my experience with you about my early endeavors, searching for the most suitable law firm for representation for blowing the whistle.

Where can I get a free review of my whistleblower case?

4. Develop a plan, such as strategically-timed release of information to government agencies, so that your employer is reacting to you, instead of vice-versa. 5. Maintain good relations with administration and support staff. 6. Before and after you blow the whistle, keep a careful record of events as they unfold.

Who are whistleblowers and what do they do?

For this reason, an employee who wants to blow the whistle on their employer’s fraud should contact an experienced False Claims Act attorney as soon as possible. A whistleblower attorney can map out a path to ensure that federal law fully protects the employee from retaliation.

How does someone become a whistleblower?

Who can be a whistleblower? Anyone with specific and detailed information about significant fraud against the government, securities law violations, commodity law violations or tax violations can be a whistleblower and qualify for protection against job retaliation and rewards in some instances.

Who do you report whistle blowing to?

In most UK cases, whistleblowing disclosures should be made to your employer, however, if you feel unable to do so because you have a real fear of retaliation, or evidence being destroyed, or you have already reported the whistleblowing concern to your employer, you may report your concern directly to the relevant ...

How long does a whistleblower case take?

Typically, it takes several months for an attorney to pull together and file the complaint, and the government investigation takes around 1-2 years, but can take up to as much as 10 depending on the case. Upon serving the whistleblower complaint, litigation commences.Aug 25, 2020

What to consider before becoming a whistleblower?

What to consider before blowing the whistle...Make sure you have a valid case. ... Only report the right kind of concerns. ... Check the approved channels. ... Remember you're a witness, not an investigator. ... Escalate your concerns to others if needed. ... Remember that the law is designed to protect you.More items...•Mar 9, 2021

How can I complain about my boss anonymously?

Call the LETF Public hotline anytime: 855 297 5322. Complete the Online Form / Spanish Form. Email us at [email protected].

Who is protected by the law covering whistleblowing?

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 much is a whistleblower case worth?

The mathematical average of the total recoveries (settlements and judgments) for this time period is approximately $3.3 million, with an average whistleblower award of $562,000.

How do you investigate 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.To sum things up:Feb 4, 2022

How much does a whistleblower get paid?

Whistleblower rewards under the False Claims Act The whistleblower (known as the “relator” in qui tam cases) may receive a reward of 15 percent to 25 percent of what the government recovers, if the government joins the qui tam case.

What are the three steps in the whistle blowing process?

Whistle blowing procedures a clear statement that malpractice is taken seriously in the organisation; b. respect for the confidentiality of staff raising concerns, if they wish it; c. the opportunity to raise concerns outside the line management structure; d. access to independent advice; e.

When should whistle blowing be attempted?

Whistle-blowing should only be attempted if the following four conditions are met:  Proximity.  The whistle-blower must be in a very clear position to report on the problem. Hearsay is not adequate.  Firsthand knowledge is essential to making an effective case about wrongdoing.

WHO CAN BE A WHISTLEBLOWER?

Anyone with specific and detailed information about significant fraud against the government, securities law violations, commodity law violations o...

CAN A WHISTLEBLOWER BE ANONYMOUS?

Whether a whistleblower can be anonymous depends on the applicable whistleblower law. Qui tam cases filed under the False Claims Act are filed unde...

DO I NEED A LAWYER TO FILE A WHISTLEBLOWER LAWSUIT OR A WHISTLEBLOWER CLAIM?

The False Claims Act requires that attorneys file whistleblowers’ qui tam cases. Under the Dodd-Frank Act, an attorney must file a whistleblower’s...

Am I required to notify the employer before blowing the whistle?

Some whistleblower protections require that employees notify the employer before reporting certain issues to outside agencies . The federal employe...

What if I'm fired before actually blowing the whistle or talking to a governmental agency?

Many whistleblowers end up discharged before they ever made a decision to blow the whistle. Some just did their quality control jobs too well. One...

Should I reveal my whistleblowing to my employer?

The decision about whether to reveal your protected activity is sometimes difficult, so employees often try to make anonymous reports of the wrongd...

What if I complain anonymously and the employer targets someone else?

If the employer guesses wrong and retaliates against an employee who engaged in no protected activity, that employee might still be able to pursue...

Once I anonymously complain to a government agency, will I be retaliated against?

After the report is made, the government agency might or might not contact the employer to investigate. In most cases, the government is under no d...

How do I build my case?

To build a winning case of any type, the burden is on you, your union, or your attorney to gather evidence, both written and oral, which is specifi...

What documentation should I gather to protect my job?

Gather and put in chronological order all of the documents that you can find concerning your employment--every pay stub, every memo, and every hand...

There are some coworkers who may be helpful witnesses for me. What should I do to make sure they can...

If you think co-workers or others observed your wrongful treatment, make a list of their names, addresses, and home telephone numbers, along with a...

I am very angry about what my employer is doing. How can I keep my cool throughout the process of bl...

No matter what the outcome of your attempt to blow the whistle, you will be better off if you remain calm and only sound off to your family and fri...

How do I survive the experience of being a whistleblower?

Our friends at the Government Accountability Project suggest the following twelve survival strategies for those who want to blow the whistle wisely...

What is a whistleblower attorney?

An experienced attorney can assist you in determining if you have a viable False Claims Act case. Your attorney can then help you collect the information and evidence you need to pursue a claim successfully.

What is whistleblower?

A whistleblower is a courageous person who has come forward with information that exposes wrongdoing. Reporting fraud can be a stressful, complicated process. Those who blow the whistle are often risking their careers to do the right thing.

What happens if you file a qui tam whistleblower case?

If you have a qui tam whistleblower case, your chances of success are greater if your attorney works with the government to pursue your case. Further, the government's participation is necessary for claims filed with the IRS, SEC and CFTC. Determine what the potential law firm did in past cases to encourage the government to investigate allegations, including the eventual result.

Can a whistleblower lawyer represent you?

Attorneys can represent whistleblowers across the country. If a whistleblower attorney is considering taking on your case, he or she should offer to cover your travel costs for meeting with him or her. At Goldberg Kohn, we handle cases for clients throughout the nation , and we can help you with your case no matter where you are located.

What are whistleblower laws?

Two major laws that offer whistleblowers in the private sector job protection and rewards in certain types of cases are: 1 The False Claims Act. This federal law covers any fraud that causes the government to lose money or pay funds based on false claims, such as Medicare and Medicaid fraud and defense contractor fraud. Many states have similar false claims laws that apply when state or local government entities are defrauded. 2 The Dodd-Frank Act. This law, enacted in 2010, created the Securities and Exchange Commission whistleblower program and the Commodity Futures Trading Commission whistleblower program to encourage individuals with knowledge of securities and commodity laws violations to come forward as whistleblowers.

What is the False Claims Act?

The False Claims Act. This federal law covers any fraud that causes the government to lose money or pay funds based on false claims, such as Medicare and Medicaid fraud and defense contractor fraud. Many states have similar false claims laws that apply when state or local government entities are defrauded.

When was the Dodd-Frank Act passed?

The Dodd-Frank Act. This law, enacted in 2010, created the Securities and Exchange Commission whistleblower program and the Commodity Futures Trading Commission whistleblower program to encourage individuals with knowledge of securities and commodity laws violations to come forward as whistleblowers.

Can whistleblowers be anonymous?

Whether a whistleblower can be anonymous depends on the applicable whistleblower law. Qui tam cases filed under the False Claims Act are filed under seal, which means only the government knows about the whistleblower case and the whistleblower’s identity while the government investigates the allegations. Once the court lifts the seal, usually ...

What happens if an employer guesses wrong?

If the employer guesses wrong and retaliates against an employee who engaged in no protected activity, that employee might still be able to pursue a claim for retaliation. The protected activity only needs to exist in the mind of the employer to make the employer's retaliation unlawful. However, in our experience, the employers usually guess right.

What is the burden of a winning case?

To build a winning case of any type, the burden is on you, your union, or your attorney to gather evidence, both written and oral, which is specific, accurate, and objective. Even if you don't end up in court, you need to have a case that a judge could find credible in order for your employer to consider settling the claim in your favor.

Can the government investigate after a report is made?

After the report is made, the government agency might or might not contact the employer to investigate. In most cases, the government is under no duty to investigate. The government gets to pick and choose which issues to pursue. If they do pursue your report, the employer may begin to wonder who tipped off the government.

Can whistleblowers be discharged?

Many whistleblowers end up discharged before they ever made a decision to blow the whistle. Some just did their quality control jobs too well. One day they discovered that the boss did not share their high standards. Others acted from innate moral values when an opportunity arose, and did the right thing without advance thinking. They can still assert their rights if the employer takes adverse action on account of the protected, if impulsive, activity.

Does the False Claims Act cover whistleblower retaliation?

Yes, the False Claims Act has a special provision which protects whistleblowers from retaliation.#N#Specifically, 31 U.S.C. § 3730 (h) protects employees in two situations:

What actions are considered to be retaliation against whistleblowers?

Whistleblower retaliation can come in many different forms. The most common types of retaliation that are prohibited under the False Claims Act, include the following:

What do I need to prove to win a whistleblower retaliation case?

You generally have to be able to prove three things to win a retaliation case under the False Claims Act: 1) you engaged in a protected activity; 2) your employer knew about the protected activity; and 3) your employer retaliated against you in response to the protected activity.

Do I have to prove that my employer defrauded the U.S. government?

No, you do not have to prove that your employer actually committed fraud against the U.S. government to succeed in a retaliation case. An employee, however, has to be able to show that there was some reasonable basis to believe that the False Claims Act was being violated.

How much money can I get if my employer retaliates against me?

If you are retaliated against for blowing the whistle on your employer, you are entitled to two times the amount of backpay (which is the wages you would have been paid if there had been no retaliation) plus interest. Federal law also allows you to recover special damages that were caused by the retaliation.

Is there a statute of limitation for bringing a whistleblower retaliation claim?

There is a three-year statute of limitation for retaliation claims under the False Claims Act. This means that you must file a lawsuit within three years of the date when the retaliation occurred.

How do I bring a retaliation claim under the False Claims Act?

Retaliation claims are typically brought as part of a lawsuit for False Claims Act violations. This means that retaliation claims are usually filed under seal along with claims that a company defrauded the U.S. government.