Recent developments in whistleblower protection & reward

Several recent federal laws (some in response to criticisms of Wall Street) have strengthened the law protecting whistleblowers and reward them more richly.

Those who “blow the whistle” on their employers face the risk of retaliation in any form from demotion to termination. The government and the public benefit from the actions of whistleblowers, and whistleblowers deserve reward.

Whistleblower protection

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 amends the Commodity Exchange Act and the Securities Exchange Act and other laws, establishing anti-retaliation provisions for employees who file qui tam actions. It prohibits mandatory arbitration and creates a special whistleblower protection office. For more detailed information about whistleblower protection under the Dodd-Frank Act, please visit our page on Whistleblower Protection Under The Dodd-Frank Act and Qui Tam Actions.

Amendments to the Sarbanes-Oxley Act provide for reinstatement, back pay, special damages and attorney fees. Depending on the circumstances, the attorney-client privilege may not prevent attorneys from disclosing wrongdoing.

Reward

Provisions that provide the possibility for reward:

  • The False Claims Act dates from 1863, but it was greatly amended in 2009 and 2010. Its Whistleblower Rewards provision has been upheld as constitutional and legal standing has been clarified.
  • The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 provides rewards modeled on those in the False Claims Act to whistleblowers.
  • Amendments to the Major Frauds Act authorize the Attorney General “in his or her sole discretion” to allow a reward up to $250,000.

Contact the Rubin Law Corporation

Our Los Angeles whistleblower protection attorneys represent employees exclusively. The Rubin Law Corporation has been involved in bringing a leading workplace wage and hour case before the California Supreme Court.

For more information and an initial consultation, call 310-385-0777 or e-mail us.