Full Answer
How to choose the best whistleblower lawyer?
- Experience in handling cases on behalf of whistleblowers
- Successful track records for winning whistleblower lawsuits
- In-depth knowledge of various whistleblower laws and the available legal options
- Willingness and ability to dedicate the resources and time necessary
- Protection of clients’ best interests at all times
What will a whistleblower attorney do?
Top whistleblower attorneys would be able to assess your situation and advise you on the best and safest course for you to take given your individual circumstances. Most whistleblower attorneys work on a contingency basis, meaning their whistleblower clients only pay them if a case is successful and they receive a reward.
Do I need a whistleblower attorney?
You may want to hire a whistleblower attorney as soon as possible if you intend to make a protected disclosure and pursue compensation via a whistleblower reward program. As soon as you are able to get an experienced lawyer on your side, you will have a better sense of the legal options available to you.
What is the role of the whistleblower lawyer?
- criminal prosecution (and the disclosure cannot be used against the whistleblower in a prosecution, unless the disclosure is false)
- civil litigation (such as for breach of an employment contract, duty of confidentiality, or other contractual obligation), or
- administrative action (including disciplinary action).
How much can a whistleblower sue for?
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.
When someone is a whistleblower what do they do?
A whistleblower (also written as whistle-blower or whistle blower) is a person, often an employee, who reveals information about activity within a private or public organization that is deemed illegal, immoral, illicit, unsafe or fraudulent.
What is a whistleblower and how are they protected under the law?
The California Whistleblower Protection Act (the "Act"), which gives the California State Auditor the authority to receive and investigate complaints about improper governmental activities, also protects every state employee who files a complaint from suffering any retaliation by his or her state employer for having ...
How much is a whistleblower case worth?
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.
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.
Do whistleblowers get money?
A whistleblower who files a successful claim is paid a reward that equals between 15% and 25% of the amount recovered by the government if the government joined in the case prior to settlement or trial.
Is whistle blowing protected by law?
As a whistleblower you're protected by law - you should not be treated unfairly or lose your job because you 'blow the whistle'. You can raise your concern at any time about an incident that happened in the past, is happening now, or you believe will happen in the near future.
Can you get fired for whistleblowing?
No. Under the laws of most states, it is illegal for an employer to retaliate against a whistleblower who has reported, or attempted to report, the illegal conduct of the employer.
How do you handle a whistleblower complaint?
Best practice step 3: Use communication skills that encourage reportingTake every complaint seriously. ... Speak the reporter's language. ... Don't offer excuses or play down the compliance concern. ... Be patient and don't rush the whistleblower. ... Be sensitive to the whistleblower's concerns. ... Express appreciation.
How successful are whistleblower cases?
In 2020, the SEC received almost 7,000 whistleblower tips—a 31% increase from just two years prior, and a more than two-fold increase since the program's inception. Stemming from whistleblower lawsuits, the SEC has awarded almost $700 million to over 100 individuals since issuing its first award in 2012.
How long does it take to get whistleblower money?
Typically, after the SEC posts the Notice of Eligibility, it takes 12-18 months for SEC whistleblowers to receive their monetary award.
Is whistleblower money taxable?
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 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.
Why do people want to educate themselves on the laws in place?
They wish to educate themselves on the laws in place for prosecuting the illegal activity in their workplace. However, it becomes clear very quickly that the laws in place are complex. Ultimately, there are many different aspects to understand.
Can you file a lawsuit against your employer for misusing government funds?
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 their employer.
Becoming a Whistleblower
A whistleblower can be anyone who comes forward with information on wrongdoing. However, it usually refers to someone who reports fraud against the government. Whistleblower cases involving federal healthcare programs and defense contracting are the most common. They also include fraud cases in the financial industry, especially IRS tax fraud.
Referral Services
Ensure you work directly with a law firm when searching for a whistleblower attorney. Many of the web sites for whistleblower cases are actually from referral services. These services collect information about your case and pass it along to a law firm in exchange for a fee.
Experience Relative to Your Case
Many types of whistleblower cases exist. Ensure you get an attorney with experience in your particular type of case. Assume for example that you’re filing a lawsuit involving Medicare fraud. You don’t want an attorney who has only tried cases involving defense contractor fraud.
Ample Resources
The complexity of whistleblower cases also means they require resources. A single competent attorney can handle many types of legal matters. However, a whistleblower case routinely requires a team of attorneys. Only the first whistleblower to file gets to bring the case, so it usually takes many lawyers to file a case first.
The Importance of Reputation as You Hire a Lawyer for Whistleblowers
A lawyer’s reputation is always a critical factor to consider. However, it’s particularly important with whistleblower cases. The length of these cases means you’ll be working closely with your attorney for an extended period. An attorney whose judgment you trust increases the probability of a favorable outcome.
Understanding Associated Fees
Ensure you understand how a law firm does business before you retain its services. Whistleblower attorneys typically work on a contingency basis. This means you pay their fees from any money you receive from the case. You should look elsewhere if an attorney in a whistleblower case wants to bill you upfront or by the hour.
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.
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.
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.
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.
What is a qui tam lawsuit?
Under the False Claims Act, any person with sufficient evidence of fraud against federal programs or contracts can sue the wrongdoer on behalf of the United States government. In legal terms, this is called a qui tam lawsuit. Under some circumstances, the U.S. government may intervene and join in your whistleblower lawsuit, ...
What is protected disclosure?
Protected disclosure -- A protected disclosure is a formal statement made by a whistleblower who reveals any of the following in their statement: fraud, corruption, false claims against government funds, or public safety hazards. Being a whistleblower can be rewarding, but it can also be a complicated process.
What does it mean when a whistleblower case is declined?
Here are a few more legal terms that may be informative for you to know during the whistleblower claims process: Declined case –- When a whistleblower case is declined, it means the government has decided, after an investigation, not to join the whistleblower in pursuing the legal action.
What is the evidence needed to file a whistleblower lawsuit?
Substantive information is crucial in a whistleblower lawsuit, because, without it, you won’t get far. This evidence might be in the form of financial records, memos, emails and other documentation. Tape recordings may also be viable evidence depending upon how they were obtained.
How much of whistleblower cases are settled?
Statistics show that whistleblower cases that the Department of Justice does join are settled or won more than 90 percent of the time.
What is a whistleblower?
Whistleblowers are people who come forward with information that uncovers wrongdoing. Most whistleblowers are current or former employees of the organizations or companies that commit the fraudulent acts. However, whistleblowers can be anyone who has substantive information about the fraud, including subcontractors, business competitors, customers, ...
Where is Bert Louthian?
Bert Louthian has been practicing law in Columbia with his father, Herb, since 1985. After receiving his Juris Doctorate from the University of South Carolina, Bert launched his legal career. With 80 years of legal experience between them, Louthian Law, P.A. remains family- owned and family-focused. Bert’s commitment to family extends beyond his immediate family, including wife and three children, to include an ongoing dedication to the families of Columbia and all of South Carolina. Read My Bio
Meeting with The Whistleblower and Evaluating The Claim
The whistleblower’s attorney typically begins by bringing the person in and getting to know him or her. The initial meeting often includes multiple lawyers, at least one paralegal, and the whistleblower. The lawyers learn what the whistleblower knows and from this information can determine what cause of action, if any, the person has to file a clai...
Investigating The Whistleblower’S Claim Thoroughly
- Once a cause of action is established and the lawyers are confident that enough evidence exists to meet the courts’ threshold, a more thorough investigation ensues. The whistleblower’s lawyers should look at the facts and evidence and determine how to put the case in the best light to present to the U.S. Attorney and the DOJ. The lawyers talk to witnesses, conduct research, and handle other aspects of a thorough investigation. At Newsome …
Filing A Lawsuit Under Seal and Protecting The Whistleblower
- After putting together and organizing the claim, the lawyers file it under seal with the U.S. Attorney and take additional steps to protect the whistleblower. Unlike most court cases, whistleblower claims under the False Claims Act do not enter the public record unless or until the government declines to pursue the case. At this point, the lawyers prepare for a protracted battle. False Claims Act cases are lengthy and nuanced, and the other side i…
Waiting For The Government to Decide to Intervene
- Upon filing a lawsuit under seal, the lawyers then must wait for the U.S. Attorney to decide if it wants to intervene and take the lead role in the case. However, the waiting process does not mean passively standing by. The role of a whistleblower lawyer should be active during this stage, providing the U.S. Attorney with any information needed, flying in expert witnesses if necessary, and helping with the investigation in any way they can.
Supporting The Government During The Trial Phase
- If the U.S. Attorney decides to take the case, the whistleblower and his or her attorneys move to the sidelines but continue to assist with the case in a supporting role. They help when needed by providing testimony, clarifications, and supporting documentation.
Continuing with A Private Lawsuit If The Government Declines
- A chance always exists that the U.S. Attorney reviews the case and the evidence presented by the whistleblower and, for one reason or another, declines to pursue it. If the U.S. Attorney elects not to intervene, the whistleblower and attorneys must decide if they want to proceed with the lawsuit without the DOJ. If they decide to continue with a private lawsuit, the law firm must take on all the associated costs, such as the investigation, hiring expert witn…
Call 888-380-2809 to Speak with An Attorney from Newsome Melton
- At Newsome Melton, our attorneys worked for many years as federal prosecutors and are closely familiar with the False Claims Act. We have prosecuted many of these cases for the government and won many verdicts in our favor. Our attorneys want to help you pursue a lawsuit under the False Claims Act. To set up a free case evaluation, call Newsome Melton today at 888-380-2809.
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