A whistleblower could be an employee, former employee, or a member of an organization who reports misconduct or illegal activities that take place within the organization. In other words, a whistleblower is someone who exposes information or activity that is considered illegal, unethical, or violates codes of conduct. If you are about to become a whistleblower, your safest option would be to work with a whistleblower lawyer. Read on and we will help you find more information on the importance of it.
Examples of Activities that a Whistleblower Could Expose
Some examples of the types of misconduct or violations that a whistleblower may report include:
- Fraud or financial misconduct
- Violations of laws and regulations
- Threats to public health, safety or the environment
- Abuse of authority or power
- Manipulation or falsification of data
- Theft or misuse of resources
- Conflicts of interest
- Discrimination or harassment
Whistleblowers play an important role in keeping governments, corporations, and other institutions accountable. However, blowing the whistle often comes with risk of retaliation. This is why contacting an attorney is so important if you are considering becoming a whistleblower.
When to Contact a Whistleblower Attorney
There are several key times when it is important for a whistleblower to seek legal counsel:
1. Before reporting the misconduct
Speaking with an attorney beforehand can help the whistleblower better understand their protections and rights. The attorney can provide insight into relevant laws and policies, advise if there is sufficient evidence to justify whistleblowing, and assist with figuring out the best entity to report the violations to. They can also start building a stronger retaliation case should the whistleblower face consequences for speaking up.
2. After retaliation from the employer
If a whistleblower starts experiencing retaliation in the workplace for making a report, such as demotion, harassment, suspension, or threats of termination, seeking immediate legal assistance is critical. An employment lawyer can help address and respond to the retaliatory actions being taken to better protect the whistleblower’s job.
3. When deciding whether to file a lawsuit
There are various state and federal laws that protect whistleblowers from retaliation. If the whistleblower has faced retaliation, an attorney can assess whether the employer’s actions violate these laws and if the case merits legal action. The lawyer can then handle filing lawsuits against the retaliate employers to try seeking justice and recover damages.
4. During the investigative process
After making a report, there may be internal or external investigations into the whistleblower’s disclosed allegations. An attorney can represent the whistleblower during these investigations. This helps ensure the whistleblower’s rights are protected when being questioned by employer representatives or investigating agencies.
5. When applying for reward programs
Some whistleblower reward programs like the SEC whistleblower program entitle whistleblowers to receiving a portion of the monetary fines connected with their cases. Under these programs, having a lawyer helps maximize the claim and chances of the whistleblower obtaining higher reward payouts.
What an Attorney Can Do To Help
There are immense challenges with blowing the whistle. But an experienced whistleblower attorney can provide invaluable support:
- Guide the whistleblower in identifying the best entity/agency to report misconduct to
- Review the strength of evidence and build a credible retaliation case
- Draft letters responding to employer threats or retaliation
- Represent the whistleblower during investigations and interviews
- File retaliation lawsuits and claims under state/federal whistleblower protection laws
- Facilitate Qui Tam claims under the False Claims Act
- Submit whistleblower reward program applications and appeals
- Negotiate favorable employment termination settlements
- Connect whistleblowers to additional legal resources as needed
The risks associated with whistleblowing can be significant, but whistleblower attorneys help mitigate these risks and empower employees to speak up against injustice without fear. Connecting with this specialized legal expertise and counsel is critical for protection.
