Many states have laws that prevent job retaliation for whistleblowing. These laws are exceptions to the general “at-will” employment doctrine.
Congress has created laws that reward those who blow the whistle on fraud related to government contracts, healthcare and banking. To bring a qui tam action under these anti-fraud laws, you will need a whistleblower lawyer.
1. Legal Advice
Legal advice involves a lawyer giving his or her professional opinion regarding the law as it applies to a particular situation. A whistleblower attorney will analyze a set of facts and then advise the client on the best course of action to take in light of those facts.
Disputes over retaliation often revolve around the question of whether an employer’s actions are legitimate or pretextual. This is why it’s essential for employees to act calmly and politely when reporting wrongdoing. Even shouting or using profanity could give an employer a reason to retaliate that would be difficult to challenge later as a pretext.
Anyone with information about significant fraud against the government, securities laws violations, commodity law violations or tax law violations may qualify for protection from job retaliation and rewards under whistleblower laws. This includes not only federal workers, but also agency contractors and people who aren’t employed by the entity engaging in fraud.
2. Representation in Court
The federal False Claims Act and state laws contain whistleblower, or qui tam, provisions that allow private citizens to file suit on behalf of the government in order to recover monies stolen from taxpayers. As a reward, whistleblowers may receive a portion of the funds recovered. In order to qualify for an award, the whistleblower must provide new and original information that leads to a successful action. The types of securities violations that give rise to whistleblowing include insider trading, bribery in the buying or selling of stocks or bonds, brokerage firm malfeasance, and market manipulation.
While employers may resent their employees speaking out about misconduct and fraud, a whistleblower is protecting the public interest by helping the government hold businesses accountable for their actions. A skilled whistleblower attorney can help you determine what law or laws your allegations fall under and the best way to proceed with a lawsuit. They are also best equipped to fight any retaliation against you that your employer might attempt, such as wrongful termination.
3. Obtaining Compensation
Many whistleblower cases involve exposing fraud that affects public safety or financial well-being. It is important that a whistleblower’s legal team take the time to understand their case and the issues involved so that they can advocate effectively.
Typically, whistleblowers are entitled to a reward for their work. Depending on the situation, this compensation may be a percentage of the dollar amount recovered by the government or regulating body. A dedicated lawyer can ensure that your rights are protected and that you receive the rewards you deserve.
Whistleblowers often report illegal activities that are affecting the general public, such as fraudulent schemes to defraud taxpayers or illegal activity by pharmaceutical or financial services companies. They can also report retaliation by employers, such as wrongful termination, demotion, or other adverse actions. A New York whistleblower lawyer can help you file a lawsuit against the wrongdoer, and they can fight for your right to fair compensation. A successful case can also shield you from retaliation in the future.
4. Fighting Retaliation
A whistleblower lawyer can help in fighting workplace retaliation, including termination. This is because retaliation can cause severe economic harm, especially when it involves the loss of wages and benefits.
Whistleblower lawyers can also protect clients by helping them stay anonymous. They can do this by filing a lawsuit in “qui tam” fashion on behalf of a client, and they can also ensure that the case is kept confidential.
In addition, a whistleblower attorney may be able to convince the government to become involved in a case early on, thus maximizing the chances of receiving a whistleblower reward. They can also help their client file a private action when the government declines to join in a case. They can do this by using their knowledge of the SEC’s investigation and prosecution processes. They can also use their expertise in recovering money for clients who have been victims of fraud and other illegal activity. They have also helped numerous clients obtain substantial rewards under state and federal false claims acts.
