How to Be a Whistleblower and Without Losing Your Job
Whistleblowers help to bring waste, corruption, and fraud to light that would otherwise go undetected and unpunished. Thanks to whistleblowers, the public has learned about massive schemes committed by Enron and the NSA as well as about political corruption and toxic dumping. If you have uncovered evidence of a massive scheme to defraud a government agency and want to learn how you can serve as a whistleblower while keeping your job, it is important for you to understand the risks and the protections that might be available to you. The attorneys at Swartz Swidler may evaluate your claim and help you to understand the risks that may be involved.
Whistleblower protection laws
A number of federal and state laws have been enacted in order to encourage people to come forward and to protect them when they do. The False Claims Act lets people bring actions against people and entities who defraud the government and awards a percentage of the money that is recovered to the whistleblowers. The law also includes some protections for whistleblowers who choose to file actions on behalf of the government.
The states also have their own whistleblower protection laws. These laws may differ in regards to who is considered to be a whistleblower, the potential penalties for retaliating against a whistleblower and the protections that may be available.
Schedule an appointment today. Call (856) 685-7420 or 
Schedule an appointment today.
Call (856) 685-7420 or
Who is a whistleblower?
Some laws only protect workers in the public sector from retaliation because they act as whistleblowers. Other laws only protect whistleblowers from retaliation for reporting specific types of wrongdoing. For instance, the Whistleblower Protection Act protects federal employees who report abuse, fraud and waste within the government, and the Clean Air Act only protects people who report environmental violations of the act. Other laws that protect people who report specific types of wrongdoing include the Toxic Substances Control Act and the Sarbanes-Oxley Act.
Types of actions that are protected
Some laws won’t protect you unless you file an actual complaint to the relevant government agency. Some might protect you if you were retaliated against because a supervisor simply believed that you were involved in filing a whistleblower action.
Some laws may require you to report the wrongful conduct to a manager before you file a complaint. This variation makes it important to talk to an experienced lawyer at Swartz Swidler before you file a claim.
What to do if your employer is retaliating against you for whistleblowing
Whistleblower protections may extend to include all negative employment actions, including demotions, terminations, pay cuts, negative evaluations, transfers and harassment. There are numerous laws that might offer protection to you if your employer retaliates against you for blowing the whistle. An attorney at Swartz Swidler may advise you on the laws that might apply and the filing deadlines for a retaliation claim.
Things to consider
There are some things that you should do when you are considering acting as a whistleblower, including the following points:
- Document all of your actions at your job with dates, including reports to your supervisors, complaints and any retaliation;
- Make copies of your past performance evaluations, attendance records, work procedures and policies, and any disciplinary actions if you can;
- Gather evidence in a manner that is both discrete and legal;
- Note any differences between the manner in which you are treated and your company’s policies;
- Determine whether or not you wish to remain anonymous or if it is feasible;
- Try to figure out whether there might be others who are aware of and upset about the wrongdoing;
- Don’t do anything that your supervisors could use to justify taking negative job actions against you;
- Understand the time limits that may apply to retaliation claims; and
Talk to an attorney at Swartz Swidler.
If you are aware of a scheme at your company to defraud the government or to violate the law, it is important for you to talk to one of the employment lawyers at Swartz Swidler. Contact our office today to learn about your rights and your potential claim.
Most Frequently Asked Question: Do I Have A Case?
While it is true that every case is different, The law is pretty clear in most cases. The best way to determine if you have a case is to contact one of our attorneys. For more information check out the FAQ below or visit our FAQ Page
Most Frequently Asked Question:
Do I Have A Case?
While it is true that every case is different, The law is pretty clear in most cases. The best way to determine if you have a case is contact one of our attorneys. For more information on a just a few scenarios checkout the flip box FAQ below or visit our FAQ Page.
Our Locations
Haddonfield Headquarters
9 Tanner Street, Ste. 101
Haddonfield, NJ 08033
Phone: (856) 685-7420
Fax: (856) 685-7417
Philadelphia Satellite Office
123 South 22nd Street
Philadelphia, PA 19107
Phone: (215) 995-2733
Our Locations
Haddonfield Headquarters
9 Tanner Street, Ste. 101
Haddonfield, NJ 08033
Phone: (856) 685-7420
Fax: (856) 685-7417
Philadelphia Satellite Office
123 South 22nd Street
Philadelphia, PA 19107
Phone: (215) 995-2733