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Many federal and state laws protect the liberty and the employment of whistleblowers. Historically, when a whistleblower came forward to reveal their employer's fraudulent actions, the employer would retaliate against the employee by means of demotion, discrimination or even termination. Nowadays, if an employer retaliates or threatens a whistleblower in any way, the employee can fight to regain their position along with any damages, such as attorney's fees, back pay and interest, which they might incur. Here are some of the protections these laws provide:
1. You cannot be fired for being a whistleblower. Should an employer terminate your job for being a whistleblower, regardless of whether the case is won or lost, we can work with you to get your job back with all seniority and bonuses you would have received otherwise.
2. As a whistleblower under the Federal False Claims Act, you can receive double the back pay you are owed. Under U.S Code 31, Section 3730 (h), if you are fired for being a whistleblower, your employer can be forced to reinstate you and pay you for the time during which you were unemployed. In fact, the employer may have to pay you double that amount as a penalty. In addition, they may also be ordered to pay you for the interest you would have accrued on your income.
3. You may be entitled to special damages due to discrimination for being a whistleblower. Should your employer retaliate against you in any way for bringing claims of fraud to the public, you may be entitled to a monetary reward for bearing this risk and being treated unfairly.
Important Details
These protections extend to a whistleblower regardless of whether the case is ever filed. If an employee can show that their allegations against an employer using fraudulent practices are legitimate, these whistleblower protection laws take effect, no matter if the case is won or lost, or ever even taken to court.
There are three criteria that a whistleblower must show to receive protection under the protection laws. First, the whistleblower must act in accordance with the False Claims Act. This means that the whistleblower must conduct themselves carefully and discretely when filing a False Claims Act case. Contacting an attorney at the very start of a matter can help to ensure that all appropriate measures are followed. Second, the employer (in this case the defendant) has to be given notice that their employee or employees, in this case the plaintiff, enjoy this special protection. Third, an employee must show that they were retaliated against due to this matter and not something else (for instance, poor performance or skipping work). However, if this has happened, the process of demonstrating this is fairly straightforward. Again, it is tremendously important to work with an attorney who is knowledgeable in this area to support you throughout the process. |
