what is a whistleblower & retaliation lawyer in washington dc

Key Takeaways

• Whistleblowers report illegal activities within an organization.
• Whistleblowers are protected from retaliation by various programs.
• The term originates from the 19th century. Sports referees were also once referred to as whistleblowers.

Full Answer

Who qualifies as a whistleblower?

Nov 18, 2003 · A whistleblower is anyone who has and reports insider knowledge of illegal activities occurring in an organization. Whistleblowers can be …

What does it take to be a whistleblower?

What is a Whistleblower? - Government Accountability Project An employee who discloses information that s/he reasonably believes is evidence of illegality, gross waste or fraud, mismanagement, abuse of power, general wrongdoing, or a substantial and specific danger to public health and safety.

What makes a successful whistleblower?

Definition of whistleblower. : one who reveals something covert or who informs against another especially : an employee who brings wrongdoing by an employer or by other employees to the attention of a government or law enforcement agency. Note: A whistleblower is commonly protected legally from retaliation. I think whistleblowers play a hugely important role in …

What does it mean to be a whistleblower?

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.

What is an example of a whistleblower?

If an employee report wrongdoing that they believe is in the public interest, it is known as whistleblowing. Whistleblowing examples can include criminal activity, such as theft or unethical or unjust behaviour in the workplace, including racist, sexist or homophobic behaviour.

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 does whistleblowing mean?

Whistleblowing. Meaning of Whistle Blowing: Whistle blowing is the act of drawing public attention, or the attention of an authority figure, to perceived wrongdoing, misconduct, unethical activity within public, private or third-sector organisations.

What is the job of a whistleblower?

Today's “whistleblower” is an insider or former insider who reports misconduct that has been enabled or ignored by those entrusted to prevent it. Calling attention to conduct that is perceived to be tolerated, even if the actions are inappropriate, may be treated as disruptive or even hostile.Dec 20, 2019

Is whistle blowing ethical?

A simple formula: whistleblowing is exactly as ethical as the practices it exposes are unethical.Feb 7, 2020

Is it illegal to be a whistleblower?

Do I have a legal obligation to whistleblow? Whistleblowing UK legislation does not require you to whistleblow, however, you may still be obliged to do so if you work under a professional code of conduct.

Why do whistleblowers get punished?

These laws were enacted to help prevent corruption and encourage people to expose misconduct, illegal, or dishonest activity for the good of society. People who choose to act as whistleblowers often suffer retaliation from their employer.

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

When should you Whistleblow at work?

Whistleblowing is only meant for reporting criminal offences, regulatory breaches, health and safety (including environmental) breaches, or cover-ups. If you're reporting any of the above, then you will be protected by law. Anything else is out of scope.Mar 9, 2021

Do whistleblowers lose their jobs?

Employers who have the courage to report employer wrongdoing are known as “whistleblowers.” Under California and federal law, whistleblowers are protected from job termination or retaliation.

Do whistleblowers get paid?

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.

Why is whistleblowing a controversial activity?

Whistleblowing is controversial since employees must balance organizational loyalty with the potential benefits of solving a problem by shoving the organization in the spotlight. Some events, like blatant sexual harassment or or deliberate theft, are easily identified examples of when a whistleblower should act.Sep 26, 2017

What is an employee who discloses information that s/he reasonably believes is evidence of?

An employee who discloses information that s/he reasonably believes is evidence of illegality, gross waste or fraud, mismanagement, abuse of power, general wrongdoing, or a substantial and specific danger to public health and safety.

Is retaliation a form of harassment?

Retaliation may also take the form of harassment, which is prohibited, too. Harassment may include a failure to renew a contract, lack of promotion, withdrawal of privileges, such as access to training, or marginalization through the loss of responsibilities.

Other Words from whistleblower

a whistleblowing report Many states have already enacted laws that protect whistle-blowing employees from retaliation. — Greg Critser

First Known Use of whistleblower

What made you want to look up whistleblower? Please tell us where you read or heard it (including the quote, if possible).

What is a whistleblower?

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, illicit, unsafe, or a waste, fraud, or abuse of taxpayer funds.

Why use a whistleblower hotline?

Sometimes it is beneficial for an organization to use an external agency to create a secure and anonymous reporting channel for its employees, often referred to as a whistleblowing hotline. As well as protecting the identity of the whistleblower, these services are designed to inform the individuals at the top of the organizational pyramid of misconduct, usually via integration with specialised case management software .

Which countries have whistleblower laws?

A number of other countries have recently adopted comprehensive whistleblower laws including Ghana, South Korea, and Uganda. They are also being considered in Kenya and Rwanda. The European Court of Human Rights ruled in 2008 that whistleblowing was protected as freedom of expression. Nigeria has progressed into formulating the Whistleblowing Policy in 2016. However, this has not yet been established as law. The Whistle-blower Protection bill is still pending at the National Assembly. And in February 2017, Nigeria also set up the whistleblowing policy against corruption and other ills in the country.

When did the PDA come into effect?

The government of Ireland committed to adopting a comprehensive whistleblower protection law in January 2012. The Protected Disclosures Act (PDA) was passed in 2014. The law covers workers in the public and private sectors, and also includes contractors, trainees, agency staff, former employees and job seekers.

Why is whistleblowing so prevalent?

Simply because private corporations usually have stricter regulations that suppress potential whistleblowers. An example of private sector whistleblowing is when an employee reports to someone in a higher position such as a manager, or a third party that is isolated from the individual chapter, such as their lawyer or the police. In the private sector, corporate groups can easily hide wrongdoings by individual branches. It is not until these wrongdoings bleed into the top officials that corporate wrongdoings are seen by the public. Situations in which a person may blow the whistle are in cases of violated laws or company policy, such as sexual harassment or theft. These instances, nonetheless, are small compared to money laundering or fraud charges on the stock market. Whistleblowing in the private sector is typically not as high-profile or openly discussed in major news outlets, though occasionally, third parties expose human rights violations and exploitation of workers. While there are organizations such as the United States Department of Labor (DOL), and laws in place such as the Sarbanes-Oxley Act and the United States Federal Sentencing Guidelines for Organizations (FSGO) which protects whistleblowers in the private sector, many employees still fear for their jobs due to direct or indirect threats from their employers or the other parties involved. In the United States, the Department of Labor's Whistleblower Protection Program can take many types of retaliation claims based on legal actions an employee took or was perceived to take in the course of their employment. Conversely, if in the United States the retaliatory conduct occurred due to the perception of who the employee is as a person, the Equal Employment Opportunity Commission may be able to accept a complaint of retaliation. In an effort to overcome those fears, in 2010 Dodd–Frank Wall Street Reform and Consumer Protection Act was put forth to provide great incentive to whistleblowers. For example, if a whistleblower gave information which could be used to legally recover over one million dollars; then they could receive ten to thirty percent of it.

What are the consequences of whistleblowing?

Individual harm, public trust damage, and a threat of national security are three categories of harm that may come as a result of whistleblowing. Revealing a whistleblower's identity can automatically put their life in danger. Some media outlets associate words like "traitor" and "treason" with whistleblowers, and in many countries around the world, the punishment for treason is the death penalty, even if whoever allegedly committed treason may not have caused anyone physical harm. A primary argument in favor of the death penalty for treason is the potential endangerment of an entire people. In other words, the perpetrator is perceived as being responsible for any harm that befalls the country or its citizens as a result of their actions. In some instances, whistleblowers must flee their country to avoid public scrutiny, threats of death or physical harm, and in some cases criminal charges.

What is the European whistleblower protection directive?

The European Parliament approved a "Whistleblower Protection Directive" containing broad free speech protections for whistleblowers in both the public and the private sectors, including for journalists, in all member states of the European Union. The Directive prohibits direct or indirect retaliation against employees, current and former, in the public sector and the private sector. The Directive's protections apply to employees, to volunteers, and to those who assist them, including to civil society organizations and to journalists who report on their evidence. It provides equal rights for whistleblowers in the national security sector who challenge denial or removal of their security clearances. Also, whistleblowers are protected from criminal prosecution and corporate lawsuits for damages resulting from their whistleblowing, and provides for psychological support for dealing with harassment stress.

What are whistleblower cases?

Whistleblower cases can cover virtually any kind of illegal activity, not just fraud against the government. The majority of claims under the FCA involved fraud related to military contractors, health care (Medicare and Medicaid), and other government spending programs. Other common claims involve violations by organizations against environmental laws, securities laws, and tax law. Some examples include reports of: 1 Companies illegally dumping toxic waste 2 Defense contractors selling faulty equipment to the military 3 Financial organizations committing accounting fraud

What is the purpose of the whistleblower protection act?

The FCA has its own provisions to protect whistleblowers who report fraud committed against the government, while the Whistleblower Protection Act protects federal employee whistleblowers who report misconduct perpetrated by the government.

Why did the government pass the False Claims Act?

U.S. whistleblower laws have been around since the days of President Lincoln, who wanted to encourage individuals to report fraud that was being perpetrated against the government. The False Claims Act (FCA) was passed in 1863, largely in response to egregious fraud and waste that occurred during the Civil War. It included whistleblower or “ qui tam ” provisions that encouraged private citizens to bring lawsuits against individuals and companies who were defrauding the government. If successful, the whistleblower could receive a percentage of whatever the government recovered as a result. The FCA is still in effect today, though there have been some changes made to it over the years.

Is the FCA still in effect?

If successful, the whistleblower could receive a percentage of whatever the government recovered as a result. The FCA is still in effect today, though there have been some changes made to it over the years.

What is whistleblower protection?

Government whistleblowers can also be private-sector employees who report misconduct on the part of the government, or the part of a private company against the government. People who work in the government are protected under the Whistleblower Protection Act or WPA.

What are some examples of whistleblowing?

Some examples of whistleblowing cases which have resulted in fines and damages against the wrongful companies: 1 Illegal waste dumping 2 Faulty equipment sold to the military 3 Fraudulent actions by financial companies

Why is whistleblowing important?

They refuse to participate in it and report it to the relevant authorities. Whistleblowers are important backstops to abuses of authority or corruption. They help bring wrongdoers into accountability.

What is a whistleblower 2020?

Updated November 27, 2020: What is a whistleblower? A whistleblower is an employee who discloses information she or he believes proves illegal actions, massive fraud or waste, abuse, mismanagement, wrongdoing, or something of great risk to the public good.

What is the FCA?

The FCA includes provisions encouraging private citizens to bring lawsuits against others thought to be committing fraud against the government. As an extra inducement, the whistleblower could be offered a percentage of whatever was recovered from the fraudsters.

What is the Sarbanes Oxley Act?

Whistleblowers working in New York Stock Exchange-traded companies are protected by the Sarbanes Oxley Act of 2002. Employees in the food industry are protected by the Food Safety Modernization Act (FSMA). The Dodd-Frank Wall Street Reform and Consumer Protection Act covers whistleblowing in the financial sector.

When was penicillin invented?

Penicillin had been invented in the 1940s and was a ready cure. The government purposely allowed these men to die and spread the disease to their wives and children, just to allow some within the government to observe the spread of disease within their community.

Summary

A whistleblower (also written as whistle-blower or whistle blower) is a person, usually an employee, who reveals information about activity within a private or public organization that is deemed illegal, immoral, illicit, unsafe or fraudulent. Whistleblowers can use a variety of internal or external channels to communicate information or allegations. Over 83% of whistleblowers report internally to a supervisor, human resources, compliance, or a neutral third party within the comp…

Overview

Legal protection for whistleblowers

Advocacy for whistleblower rights and protections

Modern methods used for whistleblower protection

In popular culture

See also

Bibliography