Avoid Being Fired For Reporting Fraud
Employers usually don’t appreciate whistleblowing efforts. Let us help you to avoid that unpleasantness.
A staggering number of whistleblowers are retaliated against each year for having done the right thing and reported fraud. As a result, the whistleblower laws provide important protections for whistleblowers to fight back after suffering retaliatory treatment, and even termination, as a result of blowing the whistle. These laws not only provide an important check on corporate greed, but empower whistleblowers to speak up despite a hostile work environment.
FALSE CLAIMS ACT SECTION (h) CLAIM
Under 31 U.S.C. § 3730 (h) of the False Claims Act, where an employee has been “discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment,” as a result of blowing the whistle, that employee is entitled to be made whole, including reinstatement to the same seniority status as before the retaliation occurred and two times any back pay plus special damages sustained as a result of any discrimination. Another advantage to filing an (h) claim is that all the damages are paid to the whistleblower, and not the Government.
The whistleblower provisions under The Dodd–Frank Wall Street Reform and Consumer Protection Act, covering securities violations and Foreign Corrupt Practices Act violations, also provide for reinstatement of anyone who has been retaliated against, and two times back pay. The SEC Whistleblower provisions provide the added protection of statutorily required confidentiality by Government agents, and allowing submissions to be made through an attorney anonymously.
Though similar to the SEC retaliation provisions in terms of backpay and reinstatement, the CFTC retaliation provisions differ in a few critical ways – they cannot be invoked by federal employees, the statute of limitations is two as opposed to six years, and the CFTC expressly declines any enforcement authority over any retaliation claims.