Whistleblower Protection

Protecting the Employees Who Raise Concerns

According to NOLO, “Law for All,” a whistleblower is “an employee who raises concerns about misconduct or wrongdoing within the company where the person works.” Because of amendments and additions to many whistleblower laws, the definition has broadened and changed over the years to include both internal and external whistleblowers.

Whether they are working inside or outside the entity in question, whistleblowers are historically responsible for uncovering injustices, illegal activities, corruption, and fraud within some of the largest corporations and institutions in America.

History of Whistleblower Legislation

• 1863- United States False Claims Act (revised/amended in 1986, 2009, and 2010)
  • Also known as the Lincoln Law
  • Offers compensation and protection for workers that provide tips about defective products and services delivered to the U.S. government
  • The act protects whistleblowers from wrongful dismissal and encourages them to speak up by promising a percentage of the money recovered or damages won by the government
  • Qui tam is a provision under the False Claims Act that allows private individuals to sue on behalf of the government
    • allows people who are not affiliated with the government to file actions against federal contractors claiming fraud against the government
• 1912- Lloyd–La Follette Act
  • Guarantees the right of federal employees to furnish information to the United States Congress
• 1978- Civil Service Reform Act
  • Provides government employee whistleblowers protection in case they experience retaliation
• 1978- Ethics in Government Act
  • Passed in wake Watergate
  • Called for mandatory, public disclosure of financial and employment history of public officials and their immediate family
  • Creates the U.S. Office of Independent Counsel (OIC) to investigate government officials
• 1989- Whistleblower Protection Act
  • Protects government employees from management retaliation
  • Only applies to government workers when the disclosure is not directly related to the job
• 2002- No FEAR Act
  • Notification and Federal Employee Antidiscrimination and Retaliation Act
  • Discourages federal managers and supervisors from engaging in unlawful discrimination and retaliation
• 2002- Sarbanes–Oxley Act
  • Provides protection for corporate fraud whistleblowers
  • Created a civil remedy for whistleblowers in the private sector who raise concerns about financial matters that implicate violations of federal securities laws

Whistleblower Law Terms

Internal Whistleblower- a person who reports the misconduct of a fellow employee or superior within their company

External Whistleblower- a person who reports misconduct on outside persons or entities (usually to lawyers, the media, law enforcement or watchdog agencies, or other local, state, or federal agencies.)

Qui tam- a provision under the False Claims Act that allows private individuals to sue on behalf of the government

Fraud- Intentionally deceiving someone and causing that person to suffer a loss

Securities Fraud- Misleading investors by providing false information, withholding information, or offering bad advice

Examples of Whistleblower Cases

• A whistleblower case settled for $85 Million Against Medline- The lawsuit alleges that Medline Industries, Inc. and the Medline Foundation engaged in an illegal kickback scheme, resulting in violations of the False Claims Act.
• School bus maker Blue Bird Corp. will pay a maintenance employee $179,800 in back wages plus $5,625 in interest in a settlement agreement over allegations that the company illegally fired the employee because the employee raised safety concerns over the improper use of a bucket lift.
• An employee of security contractor Blackwater filed a whistleblower suit alleging that the firm overbilled the federal government for work protecting State Department employees in Iraq and Afghanistan. Part of the alleged fraud included billing for the services of certified snipers who were not properly qualified.

Protecting the Whistleblower

The serious nature of the information whistleblowers uncover can put them at risk for various forms of retaliation. Because of this, internal whistleblowers (employees) are protected under Section 11(c) of the Occupational Safety and Health Act (OSH Act) against retaliation. Retaliation can include:

• Firing or laying off
• Blacklisting
• Demoting
• Denying overtime or promotion
• Disciplining
• Denial of benefits
• Failure to hire or rehire
• Intimidation
• Making threats
• Reassignment affecting prospects for promotion
• Reducing pay or hours

Contact us Confidentially

If you have been retaliated against for whistleblowing, or are considering speaking out about concerns of misconduct or wrongdoing, we can make sure you have the protection you need to move forward.

Contact Thomas J. Henry Injury Attorneys today. We understand that privacy and discretion are of the upmost importance in these sensitive matters. We will handle your case confidentially and make sure the true story gets heard. Contact us anytime 24/7, nights and weekends.