Laws Protect Whistleblowers

Laws Protect Whistleblowers

Additionally, the employer may not terminate an employee who has testified, or is about to testify, in any such proceeding.Under the Act, an employee who believes that a work hazard exists, whether or not they have filed a claim, has legal protection to refuse to work if all of the following apply:. The employee faces death or serious injury and the hazard is so clear that a reasonable person would agree with the seriousness of the hazard.. The situation is so urgent that there is not time to eliminate the hazard through regulatory channels.. Provides specific protection for the whistleblower from discharge, demotion, suspension, threats or other harassment or discrimination that the whistleblower may encounter due to lawful actions taken in the furtherance of a whistleblower claim, if the employee is still works for the employer.. This allows only one complaint under seal, which basically means that no one will know about the complaint until it has been investigated, even the defendent.. Anywhere from 15 to 25 percent of the entire recovery can be made in some instances by the whistleblower.Eleven states and the District of Columbia also have their own false claims acts that closely resemble the Federal Act.Whistleblower laws allow for the contingent fee representation of whistleblowers. The Federal False Claims Act also provides that a whistleblowers attorneys fees be paid by the entity that committed the fraud in the event of a government recovery. If the case is succesful, then there are no expenses or monetary costs to the employee.Anyone who knows of fraud against the government can become a whistleblower. Usually it is employees or exemployees who report fraud of a corporation because they have the most knowledge of internal operations.The law only protects one whistleblowerbased claim. The first to file based on specific information about a particular fraud preempts other whistleblowers and their claims. In addition, an employee cannot bring a whistleblower complaint if information about the fraud becomes public before bringing a claim..