If you have knowledge of fraudulent activity by a business entity, whether you are an employee or not, you can file a qui tam action under the False Claims Act. Seeking legal counsel is advised in order to make sure that your qui tam claim is handled properly and legally.
Although there are risks involved with becoming a whistleblower, the law is on your side. The False Claims Act is tailored to protect whistleblowers from suffering certain repercussions for bringing a qui tam action. The initial claims are filed under seal with U.S. government attorneys and strict confidentiality is maintained until the qui tam claim is either resolved through government intervention or the claim is not accepted by the government, in which case, the whistleblower has the option of proceeding with an un-sealed, publicized qui tam action or letting the claim drop without disclosing the identity of the whistleblower. If a whistleblower’s identity is discovered and an employer retaliates by wrongfully firing, demoting, suspending or threatening the whistleblower for filing a legitimate qui tam lawsuit, the law provides for reinstatement and double back pay amongst other reimbursements.
When being a corporate whistleblower, federal whistleblower or an IRS whistleblower costs an individual his or her job or reputation (or both), this retaliation is just as illegal as the fraudulent activities which inspired the whistleblower case. Justice is often found in the end with the whistleblower being very well compensated for his or her efforts to hold these companies accountable.
PROTECTION FOR THE FEDERAL WHISTLEBLOWER
The Whistleblower Protection Act of 1989 (WPA) was enacted to encourage federal government employees to come forward with information exposing illegal and corrupt activities within federal agencies. Employees who expose wrongdoing such as gross mismanagement, wasting government funds, abuse of authority, accepting bribes, or putting public health and safety at risk are known as whistleblowers. These employees may find themselves facing retaliation from their employers in the form of changes to their day-to-day job duties, negative performance appraisals, questionable disciplinary actions, reassignment or even outright termination.
Under the WPA, when a government employee discloses wrongdoing, they are protected from any retaliatory action taken by their employer, including the threat of retaliation. The WPA allows the whistleblower to recover lost wages resulting from a wrongful termination or demotion, reverse personnel changes such as reassignments, and receive consequential damages such as medical expenses, if applicable. Additionally, these claims can lead to disciplinary actions for those officials who engaged such actions.
As a general rule, current employees, former employees, or applicants for employment to positions in the executive branch of government in both the competitive and the excepted service, as well as positions in the Senior Executive Service, are protected. However, not all federal employees are covered by the WPA. Employees that are considered to perform confidential, policy-determining, policymaking, or policy-advocating duties, and any positions exempted by the President based on a determination that it is necessary and warranted by conditions of good administration, are not protected by the whistleblower statute.
In addition to the federal law, nearly 40 states have enacted similar whistleblower protection statutes for people working within the public sector.
Baum Hedlund Aristei & Goldman is interested in representing government employees who have knowledge of government corruption and want whistleblower protection.
