the Department of Justice (DOJ)Whistleblowers perform an important service for the public and the Department of Justice (DOJ) when they report evidence of wrongdoing.
The Office of Special Counsel (OSC) is an independent federal agency charged with investigating and prosecuting violations of the Whistleblower Protection Act.
The Department of Justice (DOJ) has the exclusive statutory jurisdiction to investigate allegations of whistleblower retaliation involving: Employees of the Federal Bureau of Investigation. Employees of DOJ contractors, subcontractors, grantees, and subgrantees.
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.
If a whistleblower believes that they have been unfairly treated because they have blown the whistle they may decide to take their case to an employment tribunal. The process for this would involve attempted resolution through the Advisory, Conciliation and Arbitration Service (Acas) early conciliation service.
Whistleblower investigations vary in length of time. The parties may settle the retaliation complaint at any point in the investigation either through OSHA's Alternative Dispute Resolution (ADR) program, with the assistance of the assigned investigator, or through their own negotiated settlement that OSHA approves.
According to the SEC's FY 2020 Division of Enforcement Report, the median time for the SEC to open an investigation and file was 21.6 months (and the average was 24.1 months, second-fastest in the last five years, behind only 2019).
In order to prove retaliation, you will need evidence to show all of the following: You experienced or witnessed illegal discrimination or harassment. You engaged in a protected activity. Your employer took an adverse action against you in response.
OSHA's Whistleblower Protection Program enforces protections for employees who suffer retaliation for engaging in protected activities under more than 20 federal laws. The investigation of complaints of retaliation against employees is conducted by investigators in OSHA's regions.
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.
That process can also take a year or more to reach a settlement or trial. In our experience, the average whistleblower case takes about three or four years to resolve. Of course, some cases are resolved much faster, and some take a little longer.
10 percent to 30 percentWhistleblowers may be eligible for an award when they voluntarily provide the SEC with original, timely, and credible information that leads to a successful enforcement action. Whistleblower awards can range from 10 percent to 30 percent of the money collected when the monetary sanctions exceed $1 million.