what is a whistleblower lawyer

by Judge Johns 6 min read

Whistleblower attorneys assist individuals who disclose information about an individual or company engaged in illegal business activities. This includes receiving false claims paid by the government, committing tax fraud, or violating securities laws.

Meeting with the Whistleblower and Evaluating the Claim
If a cause of action exists, the lawyers then evaluate the facts, documents, and evidence offered by the whistleblower and figure out how it fits with the False Claims Act or other whistleblower laws such as the Dodd-Frank Act, which deals with securities fraud.

Full Answer

What will a whistleblower attorney do?

Dec 20, 2021 · A whistleblower is a person who learns of unethical or even illegal activity within their company or government and reports it. While whistleblowers aren't always famous, they do play an important role in holding companies and governments accountable for wrongdoing.

Do I need a whistleblower attorney?

Depending on the nature of the criminal activity at issue, you may or may not be able to take formal action as a whistleblower. That’s why it’s important to talk to a lawyer at our firm to learn more about your legal rights. Whistleblowers can be people who work for a private company. They can also be concerned citizens simply speaking out against wrongdoing by government …

What is the role of the whistleblower lawyer?

Sep 07, 2017 · The Whistleblower law protects government employees who have exposed their employer’s illegal or dangerous activities. Therefore, this law allows employees to file a lawsuit if they have proof their employer is misusing government funds, ignoring and purposefully ignoring policies, or endangering the general public, without fear of suffering retaliation at the hands of …

Can an attorney be a whistleblower?

On the simplest level, a whistleblower is someone who reports waste, fraud, abuse, corruption, or dangers to public health and safety to someone who is in the position to rectify the wrongdoing. A whistleblower typically works inside of the organization where the wrongdoing is taking place; however, being an agency or company “insider” is not essential to serving as a whistleblower.

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What does being a whistleblower mean?

A whistleblower (also written as whistle-blower or whistle blower) is a person, usually an employee, who exposes information or activity within a private, public, or government organization that is deemed illegal, immoral, illicit, unsafe, fraud, or abuse of taxpayer funds.

What is a whistleblower lawsuit?

Whistleblower cases under the False Claims Act, known as “qui tam” cases, are lawsuits against companies that make specific claims of fraud and misconduct by those companies that have caused the government to lose money.

Who qualifies as a whistleblower?

An “eligible whistleblower” is a person who voluntarily provides the SEC with original information about a possible violation of the federal securities laws that has occurred, is ongoing, or is about to occur.Dec 10, 2020

What is the average whistleblower settlement?

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.

Is being a whistleblower worth it?

Whistleblowing can be a rewarding, fulfilling process Nothing's worth having if it's not worth a fight. Whistleblowing can be immensely rewarding, even though sometimes difficult. Whistleblowers are often driven by a devotion to courage, a desire for a clear conscience, and concern for the public good.Nov 23, 2020

What complaints do you think count as whistleblowing?

Complaints that count as whistleblowinga criminal offence, for example fraud.someone's health and safety is in danger.risk or actual damage to the environment.a miscarriage of justice.the company is breaking the law, for example does not have the right insurance.you believe someone is covering up wrongdoing.

What are the two types of whistleblowing?

There are two types of whistleblowing. The first type is internal whistleblowing. This means that the whistleblower reports misconduct to another person within the organization. The second type is external whistleblowing.Sep 23, 2021

Do whistleblowers get paid?

The whistleblower may receive a reward of 10 percent to 30 percent of what the government recovers, if the SEC recovers more than $1 million. The SEC may increase the whistleblower award based on many factors, such as: How important the information that the whistleblower provided was to the enforcement action.

How much do IRS whistleblowers make?

The discretionary maximum percentage of award for an (a) case is 15 percent, up to $10 million. If the whistleblower planned and initiated the actions that led to the underpayment of tax, or the violation of the internal revenue laws, the award may be reduced.

How do I become a whistleblower and keep my job?

Keep detailed documentation (including dates) of your actions at work: complaints and reports to supervisors, any retaliation you experience, etc. If allowed, keep records of performance evaluations, disciplinary actions taken against you, attendance records, and work policies and procedures.Dec 17, 2021

What is the largest award payout to a whistleblower?

Under the CFTC's Whistleblower Program, whistleblowers “are eligible to receive between 10-30% of the monetary sanctions collected.” The Whistleblower Program was created as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, and since its first award in 2014, this $200 million award is the ...Oct 26, 2021

What are the pros and cons of being a whistleblower?

That's why we suggest every potential whistleblower carefully consider the pros and cons of whistleblowing in the workplace:Pro: Exposing Fraudulent Activity Is the Right Thing to Do. ... Con: Your Career Could Suffer. ... Pro: Protection from Retaliation Is Available. ... Con: Your Relationships May Suffer.More items...•Aug 14, 2017

What are the disadvantages of whistle blowing?

There is a downside to whistleblowing, as much as it is meant to call out illegal practices. Whistleblowing brings with it a lot of attention to both the whistleblower and the organization. Then there are the legal testimonies, media interviews, and investigations that can harm the employability of the whistleblower.

What are the disadvantages of being a whistleblower?

Drawback #1: You'll be labeled. ... Reward #1: You can sleep at night. ... Drawback #2: You may face retaliation. ... Reward #2: You'll empower other honest people. ... Drawback #3: Your finances (and maybe your sanity) will come under fire. ... Reward #3: The law should make you whole — and you might get a financial windfall.More items...•Jul 11, 2013

Why is it bad to be a whistleblower?

Often, the reason why whistleblowers suffer a bad reputation is that they are the key reason for uncovering significant fraud and seeing that those who are guilty are held accountable for their actions.

What is the whistleblower law?

The Whistleblower law is a federal law put in place to protect whistleblowers who are working for government agencies from retaliation at the hands of their employer.

What are some examples of retaliation?

Examples of retaliation can include: Terminating an employee after an employer discovers their whistleblower activity. Employee is demoted or experiences a dock in pay after their employer discovers their whistleblower activity.

What is a whistleblower?

On the simplest level, a whistleblower is someone who reports waste, fraud, abuse, corruption, or dangers to public health and safety to someone who is in the position to rectify the wrongdoing . A whistleblower typically works inside of the organization where the wrongdoing is taking place; however, being an agency or company “insider” is not ...

Why is the National Whistleblower Center important?

That is why the National Whistleblower Center is working every day to support whistleblowers by assisting them in finding legal aid, advocating for policy protection s , and celebrating their achievement s. Find An Attorney.

What is whistleblower in law?

A whistleblower is someone who leaks information about a business or government agency that violated the law in some way. A whistleblower can be, but is not limited to: An employee of a federal or state agency. An employee of a company. Anyone who sees wrongdoing.

Why are whistleblower laws important?

That’s the reason the whistleblower protection laws have been created; To provide a way to investigate complaints and come to a resolution. These laws look at employer motivation for their actions, and the employer must show that the actions against the employee were part of their normal employment process.

Why are whistleblowers protected?

Whistleblower protection laws have been created to protect whistleblowers from retaliation by the companies or agencies involved.

What is a false claim?

A false claim is one in which the claimant must have had actual knowledge, deliberately ignored the truth or falsity of the information, or had a "reckless disregard" for the truth. 10.

How to file a whistleblower complaint?

If you think you have been wrongfully retaliated against for filing a complaint against your employer, you can file an OSHA whistleblower complaint using the online complaint form, or by phone, fax, or mail.

Can employers retaliate against whistleblowers?

Employers have been known to retaliate against employees who blow the whistle on them. So, whistleblower protections have been built into many federal and state laws to protect employees. Employers may retaliate in a number of ways, including: Firing or laying off the whistleblower (s) Blacklisting. Demoting.

Who are whistleblower lawyers?

The whistleblower protection lawyers at Kohn, Kohn and Colapinto have won many of the most prestigious peer reviewed recognitions available to any law firm. The National Law Journal selected our whistleblower law firm as one of the top 50-elite plaintiff’s law firms in the entire United States. Kohn, Kohn and Colapinto was the only whistleblower law firm to be selected. Prior to this achievement, the National Law Journal designated our firm as one of a handful of “hot” plaintiff’s law firms in the country, and stated that we were the “go to” firm for whistleblowers. No other law firm that specializes in whistleblower protection or qui tam has obtained these two designations.

What is retaliation against an employee?

An adverse action is an action which would dissuade a reasonable employee from raising a concern about a possible violation or engaging in other related protected activity. Retaliation can have a negative impact on overall employee morale.

Who is William Sanjour?

Our firm is dedicated to federal whistleblower protection. William Sanjour worked for the Environmental Protection Agency (EPA) for more than 25 years. Represented by Kohn, Kohn & Colapinto in Sanjour v. EPA, he challenged rules restricting EPA workers right to speak to environmental community groups.

Is client intake form covered by attorney client?

All information submitted in the client intake form or in email from anyone seeking legal help is considered covered under the attorney client and work product privileges to the fullest extent of the law.

Can whistleblowers be retaliated against?

However, this is often not the case. Many whistleblowers experience retaliation from their employer for engaging in a protected activity , which is prohibited by federal and state laws .

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