Whistleblower Protection | Office of Inspector General (2024)

FAQs

What qualifies as a whistleblower complaint? ›

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.

Short answer: According to the National Whistleblower Center, the average whistleblower settlement in California and the rest of the United States is $447,830. For less complex cases whistleblowers could see a settlement amount lower than this while in more complex cases the settlement could surpass $1,000,000.

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.

The WPA protects disclosures of classified information to properly cleared recipients in Congress if the information being disclosed was classified by the head of a non-intelligence element agency and if the disclosure does not reveal intelligence sources and methods.

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.

To prove a case, the whistleblower must demonstrate not only that the representation about the claim is false, but also that the representation is material, which usually means related to the government's decision to pay. Simply put the representation has to really matter.

A whistleblower of a False Claims Act is supposed to receive 15% to 25% of the case value or the amount paid by the defendant if the government intervenes. And 25% to 30% if the whistleblower goes on by him or herself. Some of the percentages are different under state laws.

The IRS Whistleblower Office pays monetary awards to eligible individuals whose information is used by the IRS. The award percentage depends on several factors, but generally falls between 15 and 30 percent of the proceeds collected and attributable to the whistleblower's information.

Whistleblower awards can range from 10 to 30 percent of the money collected when the monetary sanctions exceed $1 million. As set forth in the Dodd-Frank Act, the SEC protects the confidentiality of whistleblowers and does not disclose any information that could reveal a whistleblower's identity.

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.

Who enforces whistleblower protection? ›

OSHA's Whistleblower Protection Program enforces protections for employees who suffer retaliation for engaging in protected activities under more than 20 federal laws. The investigation of complaints of retaliation against employees is conducted by investigators in OSHA's regions.

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.

Who must prove what in whistleblower cases? The complaining employee or applicant has the burden of proving by a preponderance of the evidence that whistleblowing was a contributing factor in the improper personnel action taken against him or her.

A whistleblower case proceeds much like any law suit: there is a pre-hearing period in which the parties conduct discovery, file motions with the ALJ, and work out the hearing schedule. Parties may engage in settlement negotiations.

Who is a "Whistleblower"? A Whistleblower is any individual who provides the right information to the right people. Stated differently, lawful whistleblowing occurs when an individual provides information that they reasonably believe evidences wrongdoing to an authorized recipient.

To be protected, you need to make a qualifying disclosure. You need to reasonably believe that the disclosure is being made in the public interest and that malpractice in the workplace is happening, has happened or will happen.

For this reason, the whistleblower should not be expected to prove the malpractice. He or she is a messenger raising a concern so that others can address it. This is very different from a complaint or grievance. When someone complains or raises a grievance, they are saying that they have been personally treated poorly.

A whistleblower is someone who reports workplace conditions that he or she believes to be unsafe or illegal. You can't retaliate against a whistleblower for reporting injuries, safety concerns, or other protected activities.