what does a whistleblower and retaliation lawyer do

Presenting a strong, well-documented case helps persuade the government to get involved with the investigation and can increase the likelihood that the whistleblower receives a monetary award for exposing fraud. An attorney can also help to protect a whistleblower’s anonymity and protect them against retaliation. We will evaluate your claim

Full Answer

Is there a law against whistleblower retaliation?

Thankfully, there are many state and federal laws designed to protect whistleblowers and punish those who retaliate against them. What Types of Actions Constitute Whistleblower Retaliation?

What is a whistleblower and what do they do?

Over the years, whistleblowers have exposed countless instances of wrongdoing, both great and small. And although most whistleblowers do not make front page news, they provide a vital service in holding individuals, corporations, and government organizations accountable for their misconduct.

Who pays for a retaliation lawyer?

This means the lawyer is paid only if you win, out of the money you receive through a court award or a settlement with your employer. Some retaliation statutes include an attorneys' fees provision, requiring a losing employer to pay the winning employee's legal fees.

Can a whistleblower lose their job?

As a whistleblower, you might be concerned about more than just rocking the boat a little. Whistleblower retaliation can occur in many forms including harassment, demotions, pay cuts, negative evaluations, losing out on a promotion, and even losing your job.

What is the average settlement for whistleblower retaliation?

The mathematical average of the total recoveries (settlements and judgments) for this time period is approximately $3.3 million, with an average whistleblower award of $562,000.

How do you prove retaliation whistleblower?

To prove retaliation or whistleblowing, you must show that you were fired because of your complaint or report. Timing is crucial: The less time between your complaint and your employer's negative action against you, the stronger your claim is.

How does a whistleblower lawsuit work?

Whistleblowers (known as “relators” in qui tam lawsuits) are awarded a whistleblower reward based on a percentage of the money recovered by the government when those recoveries are due to a qui tam lawsuit or claims made under the SEC, CFTC or IRS whistleblower programs.

What is retaliation for whistleblowing?

Whistleblower retaliation is any adverse action that a company takes against an employee because he or she has reported, either internally, illegal conduct on the part of a company. Termination is an extreme form of retaliation.

What makes a strong retaliation case?

In order to prove retaliation, you will need evidence to show all of the following: You experienced or witnessed illegal discrimination or harassment. You engaged in a protected activity. Your employer took an adverse action against you in response.

How do you win the whistleblower case?

WHISTLEBLOWER LAWSUITConfirm that there is an actual “false claim”Collect some evidence if possible.Hire an experienced whistleblower attorney.File a whistleblower complaint under seal.Offer to help the government with the investigation.Be patient with the process.Collect the largest possible reward.

How much does a whistleblower get?

A whistleblower may receive an award of between 10% to 30% of the monetary sanctions collected. Since 2012, the SEC has issued more than $1 billion in awards to whistleblowers. The largest SEC whistleblower awards to date are $114 million and $110 million.

Do whistleblowers ever win?

Additionally, successful whistleblowers are rewarded for their hard work and efforts in bringing the lawsuit. Relators have earned more than a billion dollars under the False Claims Act.

How long should a whistleblowing investigation take?

Typically, it takes several months for an attorney to pull together and file the complaint, and the government investigation takes around 1-2 years, but can take up to as much as 10 depending on the case. Upon serving the whistleblower complaint, litigation commences.

What are examples of whistleblower retaliation?

Some common examples of whistleblower retaliation include:Termination or being fired;Suspension;Demotion;Denial of a promotion;Workplace harassment;Ridicule;A hostile or unsafe work environment;Employment penalties or sanctions;More items...•

What happens after whistleblowing?

If a whistleblower believes that they have been unfairly treated because they have blown the whistle they may decide to take their case to an employment tribunal. The process for this would involve attempted resolution through the Advisory, Conciliation and Arbitration Service (Acas) early conciliation service.

What protection does a whistleblower have?

The Whistleblower Protection Act protects “any disclosure of information” by federal government employees that they “reasonably believes evidences an activity constituting a violation of law, rules, or regulations, or mismanagement, gross waste of funds, abuse of authority or a substantial and specific danger to public ...

What is a whistleblower and what is retaliation?

Whistleblowing is reporting illegal or unsafe conduct at work to the authorities. For example, a whistleblower may report that their organization i...

What are whistleblowing and retaliation laws?

Many violations of the law, and many dangers to public health and safety, go unreported because people who know about them are afraid of retaliatio...

Who is protected by whistleblower and retaliation laws?

Whistleblower and antiretaliation laws protect all employees who report illegal conduct of any employer, employment agency, or labor organization....

What is the difference between whistleblowing and retaliation claims?

Although whistleblower and retaliation claims are often discussed interchangeably, and claims brought by whistleblowers generally involve retaliati...

Which anti-retaliation claims are most commonly used?

In this section of our website, we have compiled information on the most common laws which make it illegal to retaliate and/or protect whistleblowe...

How can I show that I was retaliated against in violation of the law?

With some variations among the laws, most whistleblower and anti-retaliation laws will require that a victim prove these elements:That you engaged...

What conduct is considered to be "protected activity"?

The scope of protected activity is defined by each law that creates an employee protection. Under some laws, only an actual complaint to a specific...

Can an employee go too far: is some conduct not protected activity?

Yes. If you get into an argument with a supervisor about what is or is not legal on the job, and you punch the supervisor, you are not protected fr...

What if my employer doesn't know I am involved in protected activity?

Especially where the whistleblower has tried to be anonymous, it may be hard to prove the employer has knowledge of the protected activity. Still,...

What is an "adverse employment action"?

A few state laws provide a remedy only for discharges. Most anti-retaliation laws provide remedies for any discrimination or "adverse employment ac...