Understanding Whistleblower Rights and Protections
Whistleblowers play a critical role in exposing unethical practices and ensuring accountability within organizations. At The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC, we are dedicated to empowering federal employees by clarifying their rights and protections under the Whistleblower Protection Act and other relevant laws.
As a whistleblower, it is essential to know that:
- You are protected from retaliation: Federal law prohibits retaliation against employees who report illegal activities or safety violations. This coverage includes protection from wrongful termination, demotion, and harassment.
- Anonymity can be preserved: In many cases, whistleblowers can report violations confidentially, allowing them to protect their identity while still contributing to necessary changes.
- Legal representation is available: Engaging experienced legal counsel can help navigate the complexities of whistleblower claims and provide guidance on the best course of action.
- You may be eligible for rewards: Whistleblowers who provide information leading to successful prosecution of fraud or misconduct may be entitled to financial rewards through various governmental programs.
Our knowledgeable attorneys are committed to providing comprehensive advice and representation to ensure that your rights are upheld. If you have concerns about workplace misconduct or retaliation, reach out to us today for a confidential consultation to learn more about your options.
Understanding the Whistleblower Process
The journey of a whistleblower can be both empowering and daunting. At The Law Firm of John P. Mahoney, Esq., we’re committed to guiding you through every step of the whistleblowing process. We believe that understanding your rights and the procedures involved is crucial for anyone considering blowing the whistle on wrongdoings.
Here’s what you can expect when you partner with our experienced legal team:
- Initial Consultation: We start with a confidential consultation to discuss your concerns, answer your questions, and assess the strength of your case.
- Filing a Complaint: Our attorneys will assist you in preparing and filing a formal complaint with the appropriate federal agency, ensuring that all necessary details are meticulously outlined.
- Protection Against Retaliation: We will work tirelessly to protect your rights against any retaliation. Our team will leverage federal laws like the Whistleblower Protection Act to safeguard your career and well-being.
- Legal Representation: Should your case escalate, you can count on us to represent you diligently in any legal proceedings, advocating fiercely for your rights and interests.
With the right legal support, you can make a significant difference while safeguarding your own career. At The Law Firm of John P. Mahoney, Esq., we are here to empower you to speak up while providing the protection
Steps of the Whistleblowing Procedure
What steps must an employee take to “blow the whistle” against their employer? When filing a whistleblower claim:
- Hire an experienced whistleblower attorney: Your chances of justice being served are only as good as the attorneys you have by your side. A skilled whistleblower lawyer with experience handling these claims can advise you on ways to legally gather evidence against your employer and protect your professional reputation.
- Make sure you have evidence: Rumors of misconduct spread in break rooms and around water coolers are not grounds to file a whistleblower claim unless they can be backed up with concrete evidence. The government will not pay you a reward for bringing them questionable gossip of misdeeds, but rather specific proof, such as emails, internal studies, billing records, test results, names, contact information of involved parties, and other forms of documentary evidence. It is imperative you keep this evidence and information confidential. Revealing fraud to a third-party or making your investigation known to your employer could cause you to no longer be covered under most whistleblower provisions and prompt your employer to take action against you. The stronger the evidence you have, the better.
- File a complaint: Whistleblowers must file a complaint in court and submit it to the federal government with a Disclosure Statement that details the suspected misconduct. Your attorneys can set up a meeting with the appropriate government agency and help you create a compelling argument to convince the government to conduct an investigation.
- Play the waiting game: If the government should decide to proceed forward with your case, it is important to be patient and prepare for the long haul. The government’s investigation into your employer’s alleged wrongdoing can take months if not years from start to finish.
- Prepare to be “outed”: While your anonymity will be somewhat protected during this time, as cases are filed under a seal, there is no way to guarantee that your employer will not find out about your filing. While unlikely, it important you prepare yourself to be “outed” and the consequences that it may bring. Do not be surprised if your employer attempts to fight back by alleging that you were privy to the wrongdoing or that you even participated in it. It is generally recommended you search for a new job as soon as possible after filing a whistleblower claim.
- Be prepared to testify: If the government decides to take action against your employer based on the results of its investigation, you may be asked to testify at a grand jury proceeding or during trial. It is important you be prepared to reveal your identity, since your testimony may have a considerable impact on the outcome of the case. At this point, roughly 90% of whistleblower cases the government chooses to pursue are successful, resulting in the whistleblower receiving a considerable portion of the government’s recovery.
Contact our federal whistleblower lawyer online or by calling (202) 350-3881 today!
Common Whistleblower Mistakes
Whistleblowers often need to help with investigations, provide testimonies, and participate in other steps of the procedure in the following weeks or months. During this time, every moment needs to be handled carefully and correctly, or the entire whistleblower case could be jeopardized.
Here are three common yet crucial mistakes you should avoid as a whistleblower:
- Delaying taking action: The moment a federal employee uncovers or encounters an egregious violation of protocol, standards, or regulations is the same moment that employee should become a whistleblower. In some cases, a whistleblower can actually receive compensation at the end of a case that reveals and stops fiscal abuse by a government agent or politician. However, the first person who “blows the whistle” is often the only one who can collect this reward for doing the right thing. Therefore, waiting to take action could be a big mistake for more than one reason.
- Talking about the case: Perhaps needless to say, sensitive government information will make for sensitive legal cases. Whatever amount of confidentiality you were thinking about exercising while going through your whistleblower case, multiply it tenfold. Friends and family members will certainly be curious about what is going at your job, but you cannot share any specific details with them without risking the legitimacy of your claims. Of course, you should also be wary whenever approached by an official about the case, as they might be fishing for some sort of statement that could undermine your efforts. The safest way to handle distributing or discussing information regarding your whistleblower claim is retaining a lawyer early on and directing any and all inquiries to him or her.
- Going it alone: Speaking of allowing your whistleblower attorneys field all calls, inquiries, questions, and so forth, you should not attempt to manage your whistleblower case by yourself. The laws surrounding the average government fraud, protocol violation, or misconduct case that warrants a whistleblower’s actions will be incredibly complex and nuanced. For the average person who has not devoted their time to becoming a federal employment lawyer, it is nearly impossible to navigate the process alone and achieve the best possible results.
Can My Employer Retaliate if I File a Whistleblower Claim?
It is illegal for an employer to fire you just because you try to enforce your legal rights. Federal law also prevents your employer from firing or harassing you for reporting an illegal violation you witnessed. At The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC, our legal team has years of experience handling workplace retaliation and whistleblower protection cases. We are here to help federal employees uphold their rights and obtain the justice they deserve for being wrongfully fired for whistleblowing.
No employees should have to endure working in a place where illegal activities occur. You shouldn’t be afraid of retaliation from your employer because you report something you sincerely believe is against the law. It is also illegal for an employer to fire you if you refuse to partake in anything illegal that occurs at your workplace.
How Are Whistleblowers Protected by Law?
The federal government has established a number of laws and regulations to protect federal employees from retaliation after reporting workplace legal violations.
Legislation such as the Civil Service Reform Act and the Whistleblower Protection Enhancement Act are designed to encourage employees to come forward about waste, fraud, and abuse while making it unlawful for federal employers to retaliate against whistleblowers.
Under Section 11(c) of the OSH Act, employers are prohibited from discriminating against their employees for exercising their rights under the OSH Act. These rights include:
- Participating in an inspection or talking to an inspector
- Seeking access to employer exposure and injury records
- Reporting an injury
- Raising a safety or health complaint with the employer
You may also be substantially rewarded for making corruption and fraud known to the public. There are numerous protections and incentives in place to encourage people to report any questionable actions that they witness.
Additionally, our whistleblower lawyers will do everything in their power to advocate for your rights and ensure you are protected, advised, and guided throughout the entire process.
Protected Whistleblower Activity
The goal of whistleblower protection laws is to enable employees to stop, report, or testify about employer actions that are illegal, unhealthy, or violate specific public policies. However, the exact definition of protected whistleblower activity is a highly contested issue in whistleblower law.
The scope of whistleblower protections vary depending on where you work and for whom. Although the definition of protected whistleblower activity is broad, employees can sometimes be protected under traditional tort laws.
Recovering Damages Under the False Claims Act
Under the False Claims Act, civil claims can be made to recover damages from companies that are liable for fraud. The Act is the government's primary tool for combating fraud against government programs. The False Claims Act also includes provisions that allow claims to be made by private parties against companies who have defrauded the government.
There is a “First to File” rule in the False Claims Act, which means no subsequent claims can be filed if they are based on the same facts as a pre-existing case that has already been filed.
Statutes of Limitations: How Long Do I Have to File?
Failing to file a claim within the statute of limitations is a common defense used against whistleblowers in their cases. State and federal statutes for whistleblower cases vary, which is why you should consult with a whistleblower attorney to determine which laws are applicable to your case.
The Federal Whistleblower Protection Enhancement Act
As a federal employee, you are protected in more ways than one. One of the primary ways you are protected is through the Federal Whistleblower Protection Enhancement Act, which Congress passed in 1989. Our whistleblower lawyer at The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC will help determine whether or not your rights have been violated according to the Whistleblower Protection Act, and we will help you determine the best course of action if this is the case.
Protected by the law. The Federal Whistleblower Protection Enhancement Act states if you are an employee of the federal government who complains about a work-related issue relating to government waste, mismanagement of funds, fraud, or any other forms of abuse within the government, you will be protected. Your employer cannot retaliate against you by firing or demoting you due to your whistleblower status. If and retaliatory behavior occurs, you can pursue several forms of justice. These include, but are not limited to, compensation for your emotional distress, back-pay for your lack of promotion or firing, and even giving you your job back.
Speak with us. If you have suffered adverse personnel actions from your employer after reporting a violation, talk to our nationwide whistleblower retaliation attorneys about your legal remedies. Adverse personnel actions can include wrongful termination, demotions, negative performance appraisals, denials of promotions, changes in duties and responsibilities, suspension, and other unfavorable personnel actions. We are here to help you seek justice and accountability from your federal employer.