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more_legal_areas whistleblowerWhistleblower law is comprised of a patchwork of state and federal laws that help and protect individuals who call attention to wrongdoing, unsafe conditions, or certain environmental hazards. The person who reports any of these to his or her superiors on the job, to the appropriate government agency, or to the media is known as a "whistleblower." There are many circumstances in which whistleblower law may be applied. A few of well-known examples of whistle blowing have involved the tobacco industry, pharmaceutical industry, Medicaid and Medicare fraud, defense contracting, and private companies such as Enron.
When individuals take action to report a wrongdoing, they often fear retaliation. On the job, whistleblowers may fear being fired, demoted, transferred to a less desirable job, reduced hours or wages, or "internal exile." Whistleblower law exists to protect people from retaliation, and to compensate them for retaliation if it has already occurred. Many whistleblowers have received large monetary awards to compensate for losses incurred due to retaliation or harassment.
Whistleblower Acts
Some of the more common acts invoked to protect whistleblowers include:
False Claims Act— The federal False Claims Act is an of whistleblower law. It discourages fraud against the federal government by letting private citizens who have evidence of the fraud sue a defendant on the government's behalf. That citizen may share in the recovery of a successful suit — usually from 15% to 20% of the recovered money. It is advisable to have an attorney's representation in these types of suits, known as " qui tam" actions.
Sarbanes-Oxley Act—The federal Sarbanes-Oxley Act is a punishment-related aspect of whistleblower law. It provides penalties for individuals who interfere with the employment or livelihood of a person who gives truthful information to legal authorities regarding the commission of any federal offense. The penalties for the interference (harassment, firing, etc.) include possible imprisonment for up to 10 years and a fine up to $250,000.
The Occupational Safety and Health Act —The Occupational Safety and Health Act (OSH Act) and other laws protect workers who complain to their employers, union, OSHA or other agencies about unsafe or unhealthy conditions in the workplace, environmental violations, public safety hazards, and more.
State Laws
Many states also have laws to aid and protect whistleblowers. The particular circumstances of a case will determine which whistleblower law and which jurisdiction are to be used in legal action against a defendant.
Whistleblower law is complex, and it is best for a whistleblower to obtain legal counsel from a firm that is experienced and knowledgeable in this area. It is also important to know that many whistleblower laws have very tight deadlines: some require that a whistleblower act within 30 days of observing the fraud or of being retaliated against.
Contact a Whistleblower Law Firm Near You
If you want to report wrongdoing or other troubling activity, or if you have already done so, an experienced whistleblower law firm can protect your rights and your interests. Contact a firm near you today to arrange a confidential consultation.