If you know that something illegal or unethical is happening at your place of employment, you can report this wrongdoing. Those who do are known as whistleblowers, and if you’re thinking of speaking out against the wrongs you’ve witnessed, you could be eligible for whistleblower compensation.
Rubin Law Corporation is renowned for its comprehensive legal services that aid potential whistleblowers and guide them through the reporting process. Our goal is to help you understand the protections available to you under the law, as well as any financial rewards you may receive. In this blog post, we provide information about whistleblower laws and answer the question, “Do whistleblowers receive money?”
Definition of Whistleblower
Any person who reports illegal or unethical activities in an organization is a whistleblower. If you have inside access to information that reveals these wrongdoings and report fraud, unsafe conditions, or abuse, you fit the definition of a whistleblower.
As an employee or even a former employee, you might have information to disclose about violations of laws and regulations, or unsafe working conditions. Inside the organization, a whistleblower could report to a supervisor or manager who has the authority to act. Outside of it, you can report to government agencies and watchdog groups about these illegal actions.
Overview of Key Whistleblower Laws
Whistleblowing comes with great risks, but there are whistleblower laws to protect those who speak up.
False Claims Act (FCA)
The False Claims Act (FCA) fights fraud against government programs. Whistleblowers can file a lawsuit on behalf of the government to recover funds that were gained by making false claims. They can receive a percentage of the total recovery made, usually anywhere from 15% to 30%. The FCA also provides anti-retaliation provisions that can reinstate you to your position, provide double back pay, and reward a whistleblower with compensation for damages.
Dodd-Frank Act
The Dodd-Frank Act relates to the financial industry by giving incentives and protections for whistleblowers who report any violations for the financial securities sector. A whistleblower can receive awards of 10 to 30% of the monetary sanctions collected when sanctions exceed $1 million. It also protects from retaliation and gives whistleblowers a private cause of action to sue. A whistleblower can be reinstated, given double back pay with interest, and receive reimbursement for litigation costs. It also provides the option for reporting tips anonymously.
Whistleblower Protection Act (WPA)
The Whistleblower Protection Act (WPA) protects federal employees from retaliation for reporting any government wrongdoing, such as violating laws, rules, or regulations. It can also protect you when you report gross waste of funds, mismanagement, abuse of authority, or a massive danger to public health and safety.
Financial Rewards for Whistleblowers
Whistleblowers are eligible to receive monetary rewards when their original, voluntarily-provided information leads to successful enforcement action. Certain criteria must be met, which includes that this information be new and not already known to the government. It must also lead to a successful enforcement by the relevant agency, like the IRS or SEC.
Other qualifiers for eligibility include the action resulting in monetary sanctions that exceed $1 million, no direct involvement by the whistleblower in the fraud they are reporting, and that it all must be truthfully and voluntarily provided. Any rewards given to whistleblowers are provided as a percentage of the recovery, usually 10% to 30%. The percentage awarded depends on the significance of the information shared by a whistleblower, as well as their level of cooperation throughout the entire investigation.
Steps a Whistleblower Should Take to Ensure a Valid Case
When you see wrongful acts being committed at work, you should take the right steps to protect yourself and ensure your case is valid. Here is what you should do if you’re thinking about reporting your employer:
Document and Gather the Evidence
One of the most important steps to ensure a valid case is to have evidence, though care must be taken to be discreet. Keeping a detailed journal that has notes of key facts, dates, and developments is also ideal, though you’ll want to copy emails, documents, and voicemails that will lend credence to your claim.
Never take any original documents, as they belong to your employer. Always talk to an attorney first before you copy anything to make sure you’re protecting yourself accordingly. Above all, stick to the facts to avoid damaging your credibility, and keep all collected items safely and privately stored.
Talk to a Lawyer
Seeking legal advice is imperative for whistleblowers. Before you do anything, you should talk to a lawyer who has experience with whistleblower laws. This will help you to understand your rights under the specific laws that apply to your situation. You’ll also learn about the potential risks and how your lawyer can protect you from them. With a case strategy developed by a legal professional, you will be ready to take action.
File a Complaint and Make a Report
Depending on the circumstances, your attorney will guide you to file with the correct agency. This will involve making a formal complaint of the violation. Once you take this step, you should never talk about it with anyone except for your attorney. Do not post about it online or discuss it with others, even in-person.
Once the agencies have this report, they will begin to investigate. It is vital that you cooperate and provide all necessary details to them to help them fully understand the illegal activities you are reporting.
Protection for Whistleblowers
You may be afraid of what could happen if you report the wrongdoing you’ve witnessed by your employer; however, there are legal protections at the federal level to shield you from termination, demotion, threats, or harassment. Protected activities include reporting injuries or other violations and safety concerns and then participating in an investigation regarding these claims.
The law keeps you safe from suffering the fallout that could come when you report an organization for breaking the law or violating regulations. That means you can’t be denied overtime, promotions, or benefits as a result. In order to seek protection, you must file a complaint with the appropriate agency, and it is wise to work with a lawyer first to ensure you take these steps properly.
There are usually time limits for filing complaints and those must be met. An attorney who works to protect whistleblowers will know all of the relevant time limits for these agencies and be there throughout the process.
How Rubin Law Corporation Can Help with Whistleblower Remuneration
Your career may already be stressful, but when you discover something sinister in your organization, it can only add to that burden. Rubin Law Corporation is here to protect and advocate for whistleblowers every step of the way.
Assessing Your Case
Contact us and we will evaluate your case to determine if you have a valid claim that is covered by whistleblower laws. Our attorneys provide a confidential initial consultation to help you learn more about what you should do.
Giving Legal Guidance
Our legal expertise allows you to understand your rights under the laws designed to protect whistleblowers from employer retaliation. We will guide you on your legal options and how to gather the evidence you need to prove wrongdoing.
Reporting and Investigations
Rubin Law Corporation helps you report the information to the proper agencies and works with them throughout the investigation. You will be advised on the best way to gather evidence and what items are instrumental to show proof.
Protection from Retaliation
When you see unlawful conduct, such as fraud or unsafe working conditions, you should not be terminated, demoted, or harassed for reporting it. Our attorneys take the necessary steps to protect you from these actions.
Pursuing Financial Rewards
As a whistleblower, you may receive financial remuneration, which may include back pay, back pay with interest, and a portion of the funds recovered through a settlement or judgment. In order to fully understand what you may be paid for your cooperation in reporting, meet with us to learn what could happen in your case.
It is never easy to speak up when you are afraid that all you’ve worked for could be taken away. Corporate fraud and corruption may be missed by internal audits, or in other fields, public health and safety could be in grave danger. You’re providing a key service by speaking up about the wrongs you have seen.
Taxpayers lose billions of dollars due to fraud every year, and by blowing the whistle, you can help the government recover those stolen funds. When people speak up, they hold organizations accountable for their unethical behavior. If you believe that something illegal is going on, but you’re not quite sure how to take the next steps, speak to an attorney before whistleblowing. You’ll then be able to determine if what has been committed is illegal, a danger to the public, or nothing to worry about. With an attorney by your side, you’ll be protected amid the fallout that will occur for reporting the violations of your employer.