who is the whistleblower lawyer

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).

Who is whistleblower aid?

Whistleblower Aid is a nonprofit legal assistance organization co-founded by John Tye and Mark Zaid to help whistleblowers in government and the private sector. It provides free legal services as well as support and security services for eligible clients.

How much is a whistleblower lawsuit?

Whistleblower cases may seem expensive, but surprisingly little funds are required to file a case and those funds are generally obtained upon a settlement. To file a False Claims Act case, there is a $400 filing fee, and there can be other minor court fees as well.

What is the whistleblower law called?

the Whistleblower Protection ActIn 1989, Congress passed the Whistleblower Protection Act to “strengthen and improve protection for the rights of federal employees, to prevent reprisals, and to help eliminate wrongdoing within the Government.” One way the law did this was by clarifying the procedure by which employees could report wrongdoing and ...

Who investigates whistleblower?

The Office of Special Counsel (OSC) is an independent federal agency charged with investigating and prosecuting violations of the Whistleblower Protection Act.

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.

How are whistleblowers paid?

Under the IRS Whistleblower Reward Program, the IRS provides whistleblower rewards to individuals of 15% to 30% of proceeds collected from tax fraud or tax underpayments if: the whistleblower provides a tip that the IRS decides to take action on (a whistleblower cannot force the IRS to act on a tip);

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.

Is whistleblowing a crime?

Complaints that count as whistleblowing a criminal offence, for example fraud. someone's health and safety is in danger. risk or actual damage to the environment. a miscarriage of justice.

Are whistle blowers protected by federal law?

Information for Federal employees. Overview of the WPA - The Whistleblower Protection Act (WPA) (5 U.S.C. § 2302(b)(8)) protects Federal employees or applicants for Federal employment from retaliation for making protected disclosures. The WPA also provides penalties for supervisors who retaliate against Whistleblowers.

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.

What are the 3 steps in the whistleblowing process?

Whistleblowing investigation process: How to prepare for an internal investigationStep 1: Separate the wheat from the chaff. ... Step 2: Contact the whistleblower. ... Step 3: Get to the bottom of things. ... Step 4: Take corrective measures.

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 can a whistleblower attorney do?

Whistleblower attorneys can help protect their clients against retaliation by companies that they blow the whistle on, and help their clients recover whistleblower rewards under available incentive programs. In the United States, there are several whistleblower incentive programs:

What happens if a whistleblower alleges fraud against a government program?

If the whistleblower alleges fraud against a government program, their attorney will likely file a False Claims Act complaint under seal in federal court.

What is Gibbs Law Group?

Gibbs Law Group is a California-based law firm committed to protecting the rights of clients nationwide who have been harmed by corporate misconduct. We represent individuals, whistleblowers, employees, and small businesses across the U.S. against the world’s largest corporations. Our award-winning lawyers have achieved landmark recoveries and over a billion dollars for our clients in high-stakes class action and individual cases involving consumer protection, data breach, digital privacy, and federal and California employment lawsuits. Our attorneys have received numerous honors for their work, including “Top Plaintiff Lawyers in California,” “Top Class Action Attorneys Under 40,” “Consumer Protection MVP,” “Best Lawyers in America,” and “Top Cybersecurity/ Privacy Attorneys Under 40.”

What to do if the government is interested in a whistleblower?

If the government is interested in the whistleblower’s tip, it may reach out and ask for additional information, or for an interview with the whistleblower. A lawyer can be by the whistleblower’s side during any interview with the government, and will typically advocate to the government that they get further involved.

Can a whistleblower file a lawsuit against their employer?

And the attorney can help the whistleblower prevent retaliation, and if they are retaliated against, file a lawsuit against their employer for illegally retaliating because blowing the whistle is a protected activity.

Can a whistleblower file a lawsuit?

And the attorney can help the whistleblower prevent retaliation , and if they are re taliated against, file a lawsuit against their employer for illegal ly retaliating because blowing the whistle is a protected activity.

Is the attorney nearest you the best?

The attorney nearest you is not necessarily the best lawyer for you. If you have a large-value claim, you may want it to be handled by a firm with a national reputation. Whistleblowers who are set on finding an attorney near them have a few resources available.

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, ...

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 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 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.

Can the government intervene in a whistleblower case?

Even if the government decides not to intervene, it may still be a good idea to pursue your case without government involvement.

Does South Carolina have a whistleblower law?

When you blow the whistle, in addition to knowing that you did the right ethically, you will also receive part of the settlement money in a successful suit. YOU DON’T HAVE TO GO IT ALONE.

How does NWC help whistleblowers?

NWC helps whistleblowers exercise their rights in the following ways: educating and training potential whistleblowers through workshops, reports and regular postings to our website, blog, and social media channels; assisting them in finding a whistleblower attorney; and. supporting high-impact whistleblower litigation.

What happens if the whistleblower prevails?

If the whistleblower prevails, an important precedent is often set that furthers the cause of whistleblowing. The law firms donate a percentage of the attorney fees earned from the case to the National Whistleblower Center to advance its mission of whistleblower protection. Although it is not a law firm and does not provide legal services, ...

What is the purpose of a whistleblower's intake form?

Whistleblowers can fill out a secure intake form that allows whistleblowers to submit basic information about their cases on a confidential basis. The intake form, and all communication with the Fund, are protected under the attorney-client privilege.

Do law firms charge contingency fees?

The law firms typically offer their services to whistleblowers with no upfront payment of fees or expenses, and charge contingency fees that are significantly below the market rate ( Contingency fees are fees charged only if the whistleblower secures a financial reward); and.

Does NWC provide legal services?

Although it is not a law firm and does not provide legal services, NWC supports high-impact whistleblower cases with communications and policy work. The National Whistleblower Legal Defense and Education Fund serves as the NWC’s attorney in these cases.

How many whistleblowers were denied by the SEC?

According to the SEC's order determining the whistleblower awards, three whistleblowers applied for awards related to the enforcement action. The SEC denied two of the whistleblowers' applications because they did not provide "original information," and issued the full $20 million award to one whistleblower.

How much is the whistleblower award 2020?

On October 22, 2020, the SEC issued the largest whistleblower award in the program’s history of $114 million. In addition, according to the SEC’s 2020 Agency Report, the SEC recognized a $255 million contingent liability for potential whistleblower awards to be paid in FY 2021.

How much did the SEC award to whistleblowers in 2015?

In FY 2016, the SEC issued $57 million in awards to whistleblowers.

How much money has the SEC awarded to whistleblowers?

Since 2012, the SEC has issued nearly $1 billion in awards to whistleblowers, which includes awards to our clients totaling millions of dollars. The top SEC whistleblower attorneys can provide critical guidance to whistleblowers throughout this process to increase the likelihood that they not only obtain, but maximize, their awards.

Can a whistleblower be anonymous?

If represented by an attorney, a whistleblower may submit a tip anonymously to the SEC. In certain circumstances, a whistleblower may remain anonymous, even to the SEC, until an award determination. However, even at the time of a reward, a whistleblower’s identity is not made available to the public.

The Department of Labor is here to protect your rights

An employer cannot retaliate against you for exercising your rights under the Department of Labor’s whistleblower protection laws. Retaliation includes such actions as firing or laying off, demoting, denying overtime or promotion, or reducing pay or hours.

What is retaliation?

Retaliation occurs when an employer (through a manager, supervisor, or administrator) fires an employee or takes any other type of adverse action against an employee for engaging in protected activity.

Whistleblower Protections

The U.S. Department of Labor is an organization of diverse functions that carries out its mission through a number of offices and agencies. Five agencies enforce whistleblower and anti-retaliation laws.

Occupational Safety and Health Administration

You are protected from retaliation for reporting issues relating to employee safety, consumer product and food safety, environmental protection, fraud and financial issues, health insurance, and transportation services.

Mine Safety and Health Administration

You are protected from retaliation for identifying hazards, asking for inspections, or refusing to engage in unsafe acts.

Office of Federal Contract Compliance Programs

You are protected from retaliation, intimidation, threats, coercion, harassment and discrimination because you have engaged in protected activity under any equal employment opportunity law enforced by OFCCP, such as filing a discrimination complaint, providing information to OFCCP during a compliance evaluation, or opposing practices made unlawful by equal opportunity laws..

Veterans Employment and Training Service

You are protected from retaliation based on your current or former military status.

Who was the first whistleblower in the US Navy?

Male. United States Continental Navy. Along with Third Lieutenant Richard Marven, midshipman Shaw was a key figure in the passage of the first whistleblower law passed in the United States by the Continental Congress.

Who was the first whistleblower at a nuclear power plant?

There have been a number of nuclear power whistleblowers who have identified safety concerns at nuclear power plants. The first prominent nuclear power whistleblower was Karen Silkwood, who worked as a chemical technician at a Kerr-McGee nuclear plant.

Why was Bobreski fired?

Bobreski was fired after notifying supervisors of faulty gas sensors and told The Washington Post about WASA's actions ; he filed a whistleblower protection complaint with the Department of Labor and won his case in 2001. A judge later ruled in 2005 that Bobreski's whistleblower protection had been violated. 2001.

What was McGehee's allegation about the CIA?

A 1981 allegation by McGehee about CIA involvement in the Indonesian killings of 1965–1966 was censored by the CIA, prompting the American Civil Liberties Union to sue on his behalf.

What was the crime that Bukovsky was convicted of?

In January 1972, Bukovsky was convicted of spreading anti-Soviet propaganda under Criminal Code, mainly on the ground that he had, with anti-Soviet intention, circulated false reports about political dissenters confined in mental hospitals.

Who was the former RAND analyst who leaked the Pentagon Papers?

Ellsberg was a former RAND Corp. military analyst who, along with Anthony Russo, leaked the Pentagon Papers, a secret account of the Vietnam War to The New York Times. The Pentagon Papers revealed endemic practices of deception by previous administrations, and contributed to the erosion of public support for the war.

Who was the Marines Major General who alleged that business leaders had plotted a fascist coup d

House of Representatives that business leaders had plotted a fascist coup d'état against the Franklin D. Roosevelt administration in what became known as the Business Plot.