Do you need to report wrongdoing by your employer, but fear that it will come back to haunt you? You might have hard evidence of fraud, or employees and the public may be in grave danger due to certain practices at your place of employment. Whistleblower laws exist to keep people like you safe, and while you should know the rights of a whistleblower in Los Angeles, you also need to be aware of whether or not you can remain anonymous.
Rubin Law Corporation is committed to providing full legal support for whistleblowers by explaining their rights and protections under the law. In this blog post, we explain how you may be able to remain anonymous when making a report about fraud or other illegal activities your employer may be engaged in.
Understanding Whistleblower Anonymity Protections
When you know things that could get your employer in trouble, it can be scary to speak up, especially if another employee has tried to do so and was fired, demoted, or assigned menial tasks as a result. You want to keep your anonymity to protect yourself from potential retaliation.
If a whistleblower loses their anonymity, there could be huge risks to exposing the truth. You might lose your job, get blacklisted, or have your reputation ruined. This can be especially concerning if you’ve seen others before you suffer these consequences. It can promote a culture of fear in the workplace, which is why staying unknown is the best way to make a report.
Keeping your report anonymous ensures you can report misconduct without fear of being demoted, fired, or punished in another way by your employer, such as through reduced benefits, commissions, or being assigned undesirable work hours. When employees feel safe to report illegal or fraudulent activity, they’re more likely to come forward about what they’ve witnessed. Essentially, whistleblowers are like watchdogs, bringing vital information to light and holding those in power accountable for their misdeeds. You may have no issue with revealing these details, though it could give pause as you think about what could become of you if they find out you’re the one who told.
Professional Retaliation
Your employer could fire or demote you, or make it impossible for you to find work in your profession at other organizations.
Personal and Mental Impacts
Whistleblowers are also at risk for being held under public scrutiny and may even be victims of public smear campaigns as an attempt to discredit the information they provide. This can also take a toll on your personal life and cause you added stress and anxiety.
Damage to Career Credentials
When you reveal the illicit activities you’ve discovered in your organization, your reputation could be on the line. It may be a struggle to find employment elsewhere while staying in your profession.
Uncertainty of Protection
Sometimes, initial protections may be removed, particularly when a whistleblower files a claim under the False Claims Act (FCA). In court, your identity could be revealed, leaving much uncertainty in the future as the case unfolds.
Legal Rights of Anonymous Whistleblowers
Federal laws grant protection for whistleblowers, though there is no guarantee of complete anonymity. Your level of protection will depend on the specific laws and issues. Some programs allow you to report anonymously through your attorney or a hotline, but not all allow permanent anonymity. It is best to speak to your lawyer about anonymity to gain a full understanding of your specific circumstances.
Whistleblower Protection Act (WPA)
The WPA protects federal civil service employees when they disclose illegal activity, fraud, or waste by the government. The protection activates when a person is identified as the whistleblower, which means they are not kept anonymous. However, this law ensures the employee is safe from retaliation.
False Claims Act (FCA)
The FCA allows you to file a lawsuit, even if you report violations on behalf of the government, when there’s a seal provision in place. However, the seal is intended to protect the government’s investigation rather than a whistleblower’s long-term anonymity. During the legal process, the identity of the whistleblower is usually revealed.
Dodd-Frank Act
You may find protection when reporting violations of securities laws to the CFTC or SEC under this act. There are strong anti-retaliation provisions and reporting can be done through your attorney, allowing you to maintain confidentiality.
Other Laws
There is the Intelligence Community Whistleblower Protection Act (ICWPA) that lends anonymity for intelligence community employees, and the Inspector General is forbidden to disclose the identity of the whistleblower, along with various other laws at the federal and state level. The U.S. Department of Labor protects from retaliation for reporting safety violations, fraud, and discrimination, for example.
What this means is that there are a variety of factors that could impact your anonymity when reporting your employer. One of the biggest considerations is the reporting channel. There are hotlines and online portals that give you the chance to speak up confidentially, but that doesn’t mean you will stay anonymous during or after the investigation.
It is vital to talk to an attorney about what you know. With a lawyer, you can have a completely confidential conversation about this situation and learn more about the options you have available. Many people don’t realize that there is still potential to be identified, and it is best to have a full understanding of what you may face. Often, reporting through an attorney can help you to remain anonymous, though it will depend on the circumstances.
How Can a Whistleblower Remain Anonymous? Steps to Ensure Anonymity
If you want to stay anonymous, there are a few steps you can potentially take before blowing the whistle on your employer.
Hire Legal Representation
Before you do anything – even making an anonymous call to a hotline – hire an attorney. One of the most effective ways to protect your identity is to let a lawyer file and manage your claim.
Report on Anonymous Platforms
Misconduct can often be reported through secure online platforms or hotlines. However, it is still best to have legal representation and guidance first to ensure you will stay unknown to all.
Don’t Use Your Work Device or Network
If you’re just now at the stage of wondering whether to report or not, do not under any circumstances use your work computer, phone, or internet connection to discuss this matter or report it. Never speak to colleagues or anyone else who may recognize that you were the one to blow the whistle.
Clean Up Your Digital Footprint
You might want to do the right thing, but if you don’t clean up your digital footprint, everyone will know you pulled back the curtain. Before submitting electronic files, remove any metadata from them. If you’re not sure how to do that, use a non-work-related device and encrypted messaging to stay hidden.
File Under Seal
With specific regard to the False Claims Act, you can file under seal to keep your identity secret initially. Keep in mind that when the government starts investigating, you may not be able to avoid being named as the whistleblower in the report. How can an attorney help with your anonymity?
- Handling all your communications with regulatory bodies or the court to protect you from being identified
- Ensuring your claim is filed under a law that provides strong anonymity protections
- Advising you on the best way to proceed to protect your identity based on the specifics of the case and all relevant laws
- Receiving awards on your behalf and then providing them to you, when allowed under certain programs
If you’re not sure whether to speak up about what you know, you should speak to an attorney as soon as possible. They will keep your conversation completely confidential, and you’ll learn more about what is and isn’t possible with whistleblowing anonymity.
Rubin Law Corporation’s Role
At Rubin Law Corporation, we help whistleblowers with services that create a confidential channel to report illegal activities, fraud, and public safety concerns. Our role allows us to address your concerns in a safe space and get the legal guidance you need to make the best decision for your situation.
Working with an attorney helps you stay anonymous, which can protect your career trajectory in the future. You may currently be struggling with what you know, or perhaps be unsure who you should report this information to inside your company. Furthermore, you may have evidence that could put you in danger of retaliation tactics from your employer.
All of these things are intensely stressful, which is why we step in to protect your rights. Once the complaint is filed, investigations will begin and there could be a lot of light shed on the shady practices at your place of employment. Since certain legal proceedings could disclose your identity, we recommend learning about the bigger picture, and how even with a court case, we will fight to protect you from any potential fallout. Contact us today to speak in full confidentiality with one of our whistleblower attorneys.