Jan 18, 2021 | By Julian Burns King | Read Time: 2minutes | Civil rights
Certain whistleblower laws require the whistleblower to show that they provided non-public information in order to receive a whistleblower award. This requirement leads many prospective whistleblowers to ask whether they can be a whistleblower after being fired.
Afired employee can be a whistleblower. In fact, fired employees are sometimes the most effective whistleblowers, especially when their termination was the result of them speaking up internally. These workers often have inside information into the fraud or misconduct and were brave enough to report it internally, leading to retaliation or termination for flimsy or pretextual reasons. In this situation, workers have both whistleblower and wrongful termination claims.
What is the False Claims Act?
State and federal False Claims Acts allow whistleblowers who witness misconduct to file a qui tam lawsuit where they essentially step into the shoes of the government and all taxpayers and enforce the government’s right to be free from fraud. The False Claims Act is the most successful whistleblower law in the world and has allowed the government to recover billions of stolen taxpayer dollars.
Whistleblowers under the False Claims Act are entitled to 15 to 30% of the government’s total recovery, which can include tripledamages (meaning that wrongdoers owe the government three times the amount they made from the fraud). Qui tam awards to whistleblowers under the False Claims Act can total many millions of dollars.
How Does the False Claims Act Protect Whistleblowers?
Often, employees of government contractors observe that their employer is defrauding the government. They may not contact an experienced Los Angeles whistleblower attorney and instead raise informal concerns internally, believing that their employer is acting in good faith and will respond by fixing the problem.
Unfortunately, many companies will retaliate against people who challenge their illegal conduct, or don’t “toe the company line.” These employees may well be fired as their employer hopes that firing them will brush the problem under the rug and preserve millions of dollars of government revenue.
These whistleblowers have claims for retaliation as well as the ability to bring qui tam lawsuits on behalf of the government.
What is the Importance of Whistleblowing?
Whistleblowers are critically important in protecting consumers, taxpayers, and the public. There are two alternatives to whistleblowing: (1) the company may face scandal, fines, or criminal prosecution when the information comes to light or (2) the company gets away with its wrongdoing and never faces accountability. The possibility of scandal or liability is why companies should welcome and protect whistleblowers. Unfortunately, a mistaken belief that the company will “get away with it” often causes companies to retaliate against whistleblowers.
Talk to an Experienced Whistleblower Rights Attorney
We understand that shining light ongovernment contractor fraud is a big decision. While we believe that calling out wrongdoers is the right thing to do, for taxpayers and for our democracy, we want what’s best for you and are happy to talk you through your situation. You shouldn’t have to make the decision alone and deserve to talk through the potential consequences, both positive and negative.
If you have witnessed conduct that violates the False Claims Act, do not hesitate to contact us today through our website or give us a call at (213) 465-4802 to schedule a free consultation. All consultations are 100% confidential and we will work with you to maintain confidentiality as much as the law allows.
Julian Burns King graduated with honors from Harvard Law School and founded King & Siegel in 2018. As head of the Firm’s discrimination and harassment practice areas, she champions the rights of working parents and victims of workplace discrimination and harassment. She has been recognized as a “Rising Star” by Super Lawyers annually since 2018 and has recovered tens of millions of dollars on behalf of her clients.
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 ...
Introduction. Whistleblowing means disclosing information that you reasonably believe is evidence of a violation of any law, rule, or regulation; gross mismanagement; a gross waste of funds; an abuse of authority; or a substantial and specific danger to public health or safety.
indications of pretext; inconsistent application of an employer's policies; an employer's shifting explanations for its actions; antagonism or hostility toward a complainant's protected activity, the falsity of an employer's explanation for the adverse action taken; and.
Retaliation occurs when an employer penalizes an employee for participating in “legal protected activities.” In California, filing a complaint is considered a legal protected activity that your employer can't retaliate against.
A disclosure of waste, fraud, or abuse that includes classified information is not a protected disclosure under the whistleblower laws unless the disclosure is made in accordance with the laws and rules that govern the proper handling and transmission of classified information.
In order to be eligible to receive an award, a whistleblower must have voluntarily provided original information that led to the successful enforcement of the CFTC action or the Related Action.
Whistleblowers perform an important service by reporting what they reasonably believe to be evidence of waste, fraud, abuse, or mismanagement. DHS employees, contractors, subcontractors, grantees, subgrantees, and personal services contractors are protected by law from retaliation for making a protected disclosure.
What are whistleblower rewards? Whistleblowers (known as “relators” in qui tam lawsuits) are awarded a whistleblower reward based on a percentage of the money recovered by the government when those recoveries are due to a qui tam lawsuit or claims made under the SEC, CFTC or IRS whistleblower programs.
All that can take a few years. It can go faster, but in some ways you do not want it to go faster, since you want the government to do a very thorough job investigating your claims, corroborating your allegations, and then bringing the strongest and largest possible action against the defendants.
To be covered by whistleblowing law, a worker who makes a disclosure must reasonably believe two things. The first is that they are acting in the public interest. This means in particular that personal grievances and complaints are not usually covered by whistleblowing law.
When an employee exhibits unethical behavior, the employer or manager should take immediate action. It is essential to conduct a thorough investigation to determine the extent of the behavior. Depending on the severity of the behavior, the employer may decide to give a warning or terminate the employee's employment.
Introduction: My name is Arielle Torp, I am a comfortable, kind, zealous, lovely, jolly, colorful, adventurous person who loves writing and wants to share my knowledge and understanding with you.
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