what to know when filing a whistleblower claim lawyer

Four Things To Know About Filing A Whistleblower Claim

1. It Can Be Important To Know The Law – Even Before You Report The laws governing whistleblowers are designed to...
2. You Can Report Even If You Were A Part Of The Wrongdoing If you were caught up in the fraud – even if you were...
3. You Can Report Even If Your Evidence Involves Sensitive Information Collecting...

Full Answer

Do I need a lawyer to file a whistleblower claim?

Whistleblowers wishing to file an anonymous claim with the Securities and Exchange Commission (SEC) or Commodity Futures Trading Commission (CFTC) must do so through an attorney. Otherwise, there are no requirements for whistleblowers to have an attorney when filing a claim with the SEC or CFTC.

How does a whistleblower properly allege a claim?

• gross mismanagement of a Federal contract or grant;
• an abuse of authority relating to a Federal contract or grant;
• a substantial and specific danger to public health or safety; or
• a violation of law, rule, or regulation related to a Federal contract or grant.

Can a whistleblower case be filed anonymously?

The whistleblower can remain completely anonymous under certain circumstances in cases filed under the Dodd-Frank Act, but most other situations will ultimately require the whistleblower’s information be disclosed to interested parties. In public court cases, the whistleblower’s name and testimony may even become public knowledge.

Do I have a whistleblower claim?

You have the right to file a whistleblower complaint with OSHA if you believe your employer retaliated against you for exercising your rights as an employee under the whistleblower protection laws enforced by OSHA.

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 win a 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 is a whistleblower case worth?

The whistleblower is entitled to a reward of 10 percent to 30 percent of what the government recovers, if the CFTC recovers more than $1 million.

How long does it take to settle a whistleblower case?

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.

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.

Do you get money for being a whistleblower?

Whistleblowers may be eligible for an award when they voluntarily provide the SEC with original, timely, and credible information that leads to a successful enforcement action. Whistleblower awards can range from 10 percent to 30 percent of the money collected when the monetary sanctions exceed $1 million.

What is the largest award payout to a whistleblower?

approximately $200 millionThe Commodity Futures Trading Commission awarded approximately $200 million to a single whistleblower earlier this month based on the individual's “significant contribution” to the success of a CFTC action and two Related Actions by other enforcement agencies.

Do you pay taxes on whistleblower settlement?

All awards will be subject to current federal tax reporting and withholding requirements. Whistleblower will receive a Form 1099 or other form as may be prescribed by law, regulation, or publication.

What percentage of False Claims Act cases are successful?

About 80 percent of all fraud cases won under the False Claims Act are a direct result of whistleblower lawsuits. Whistleblower awards under the Federal law have averaged 17% of recoveries.

How long should a whistleblowing investigation take?

According to the SEC's FY 2020 Division of Enforcement Report, the median time for the SEC to open an investigation and file was 21.6 months (and the average was 24.1 months, second-fastest in the last five years, behind only 2019).

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 happens with a whistleblower complaint?

Whistleblower investigations vary in length of time. The parties may settle the retaliation complaint at any point in the investigation either through OSHA's Alternative Dispute Resolution (ADR) program, with the assistance of the assigned investigator, or through their own negotiated settlement that OSHA approves.

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.

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 whistleblowers protected?

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

What happens if the evidence doesn't support the claim?

If the evidence doesn’t support the claim, OSHA will dismiss the claim.

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.

What is the law in California that protects whistleblowers?

California, for instance, has strong laws to protect whistleblowers. One of these laws, SB 496 , prohibits employers from making or adopting rules or policies to prevent an employee from disclosing information.

What is the Florida law on retaliation against an independent contractor?

Florida's state code prohibits independent contractors from taking retaliatory action against someone who discloses information alleging improper use of governmental office, gross waste of funds, or any other abuse or gross neglect of duty by an agency, public offer, or employee. 4.

1. Be Sure About the Illegality or Harmfulness of the Behavior

Make certain that you have an unbiased, reasonable basis for judging the behavior you’re reporting is either against the law or a menace to the health, safety, and wellbeing of the public.

2. Consult a Whistleblower Attorney

Ensuring that you have an attorney who is well-versed in all facets of whistleblower law and cases on your side is one of the most important steps when filing a whistleblower claim.

3. Obtain Written Evidence of the Fraud or Harmful Behavior

This is the most significant step in the development of any whistleblower claim. You must acquire evidence of the fraud or harmful act that can be introduced at a trial in the form of documents instead of oral testimony. Such data can consist of email messages, internal memos, billing records, or experimental results.

4. Inform the Appropriate Authorities

Simply grumbling to your coworkers about your employer’s conduct won’t be enough to uphold a whistleblower claim. Instead, it’s necessary to complain about the wrongdoing to a supervisor or manager who can pass it on to the appropriate higher-up or has the power to investigate and respond to your complaint in person.

5. Describe the Misconduct in Writing

If you fail to document your complaint of employer wrongdoing, they can easily retaliate against your case through write-ups and bogus disciplinary actions that could lead to dismissal.

6. Continue to Perform Your Job to the Best of Your Ability

Even when protected by government laws and blowing the whistle on actions against the law, whistleblowing employees often face retaliation. Therefore, after submitting a formal complaint, you must make every effort to continue performing your job duties well.

Contact Whistleblower Info Center for Help!

Whistleblower Info Center is powered by a team of attorneys knowledgeable about all facets of whistleblower law. Please contact us if you have any questions or are unsure of what to do next. Choosing whether or not to blow the whistle is a significant life decision, and we are here to help you along the way.

Step 1 – Get Evidence

This is the most important step in your whistleblower claim. It’s crucial that you get documentary evidence of the fraud. Such evidence can include emails, internal studies, billing records, or test results. If you can witness the wrongdoing first hand that’s great, but not necessary.

Step 2 – Presenting the Evidence

Under the False Claims Act, the whistleblower must file a complaint in court as well as submit it to the government, along with a Disclosure Statement that details the alleged misconduct. However, before filing the claim, we will set up a meeting with the appropriate government agency to discuss the claim.

Step 3 – Government Investigation

Now comes the longest part of the claims process – the government’s investigation. During this time, all aspects of the matter, including the whistleblower’s identity and the investigation itself, will remain confidential. Any formal complaints filed in court are kept under seal so even the defendants don’t know what’s going on.

Step 4 – The Decision

If the government decides to bring a case, the whistleblower may be asked to testify at trial or a grand jury proceeding. It’s at this point your identity will be disclosed. Roughly 90 percent of False Claims Acts cases the government intervenes in intend to be successful.

How much money do you need to file a whistleblower complaint?

For an award to be mandatory, a filing under the IRS whistleblower law must include $2 million in controversy.

Is it necessary to file a whistleblower case?

It is almost always advisable to file an initial disclosure with the government prior to filing the case in court. This is a required step to maintain the status of the Plaintiff as an “original source” of the allegations.

How to file a whistleblower lawsuit?

If you are aware of a company cheating the federal government, you may be able to file a whistleblower lawsuit and earn a substantial financial reward. Here are the 7 steps to follow in bringing a successful whistleblower lawsuit: Confirm that there is an actual “false claim”. Collect some evidence if possible.

What happens after a whistleblower complaint is filed?

After the complaint is filed, the government will hopefully investigate the case and ultimately decide whether or not to accept it (or “intervene”). This is a crucial step in a whistleblower lawsuit. The chances of recovery are usually improved if the government decides to intervene and directly go after the company who committed the fraud.

What happens if a whistleblower is sued?

If a whistleblower lawsuit is settled or won at trial, the whistleblower is entitled to a share of the money the government is able to recover. The money the government recovers in these cases can be very significant.

What can a whistleblower lawyer do?

More importantly, an experienced whistleblower attorney will help you prepare and file a persuasive lawsuit and arrange for the government to review it. Don’t let a concern about legal fees and costs keep you from contacting a lawyer immediately. If you hire our firm, you will not be asked to pay any costs up front.

How many steps are there to whistleblower reward?

Now, how you earn a whistleblower reward can vary depending upon the type of claim that you have, but I’ve learned that there are basically seven steps to a good successful whistleblower case. The first step is that you wanna confirm that there’s actually a false claim.

How long does it take to settle a whistleblower case?

That process can also take a year or more to reach a settlement or trial. In our experience, the average whistleblower case takes about three or four years to resolve.

How much money can a company recover from a government fraud?

At the end of the day, the government may end up collecting millions of dollars. In some cases, the recovery can exceed a billion dollars.