Whistleblowing Rights and Laws
Are you considering blowing the whistle on practices that you have witnessed at your workplace? Whistleblowers play an essential role in helping the State and Federal government fight knowingly false pay claims and other wrongdoing.
The whistleblower laws afford those sitting on information protections and create a legal path for remedies. These laws additionally provide for penalties and damages intended to deter knowingly fraudulent claims, misconduct, and abuse of government programs.
The following guide will review the important Federal and state statutes which provide those who blow-the-whistle various rights and protections.
Quick Navigation
Table of Contents:
[show]
- What is whistleblowing?
- What is NOT considered to be whistleblowing?
- What are the whistleblower laws?
- False Claims Act of 1863
- Lloyd–La Follette Act of 1912
- Whistleblower Protection Act of 1989
- No FEAR Act of 2002
- Sarbanes–Oxley Act of 2002
- Do states have whistleblower laws?
- FAQs about Whistleblowing
- References
Article at a Glance
- The Vital Role These Laws Play In Fighting Fraud, Misconduct & Abuse
- What Rights do Whistleblowers Have
- What Is Considered Whistleblowing
- Your Next Steps If You Are Sitting On Information and Deciding What to Do
Your lawyer will help you throughout the whistleblowing process to determine what laws are applicable to your situation and ensure you navigate the legal process safely.
Below, you’ll learn what whistleblowing is, what laws (both state and federal) govern it, and get answers to some of the most common whistleblowing questions.
What is Whistleblowing?
Whistleblowing is the act of exposing information about a private or public organization to reveal fraud, abuse, or other illegal behavior.
Throughout U.S. history, whistleblowers have helped to expose serious wrongdoing by company executives and elected officials. In recent history, they have brought illegal banking practices to light, helped the government recover funds from fraudulent charges, and protected consumer safety.
Whistleblowers are needed because many illegal acts are not possible to investigate without a participant revealing them. For that reason, certain whistleblowing acts are protected under the law. If you have been fired for whistleblowing, you may be eligible for compensation.
When whistleblowers are reporting fraud against government programs, they may be permitted to serve as a “relator.” A relator is someone who files suit on behalf of the government and is allowed to collect a portion of funds that are recovered.
Whistleblowing in Healthcare
Exposing practices by your agency or company may not be considered whistleblowing unless the practices revealed are illegal or against the public interest.
For example, in certain cases, when you have signed a non-disclosure agreement, exposing information that doesn’t violate the law can place you in serious legal jeopardy.
The following situations are examples of reports that may not be considered whistleblowing:
- Exposing bullying behavior by superiors (unless it rises to the level of legal discrimination)
- Exposing practices that are inefficient or impractical, but not illegal
- Sharing information with outside parties who are not involved with the law (such as friends, and competing companies)
Consider speaking to a lawyer before blowing the whistle to ensure that the information you have covers illegal behavior.
Whistleblowing Report by Sector
A Remedy for Government Program Fraud, Misconduct, and Abuse
False documentation, illegal details, false billing and billing scams are all tactics used to cheat government programs. Whistleblower laws like the False Claims Act help authorities recover taxpayer money otherwise lost to fraudulent providers.
List: What are the whistleblower laws?
Many different whistleblower laws have been passed to protect whistleblowing in different industries and situations. The following are some of the most important laws that may apply in your whistleblowing case:
- False Claims Act of 1863
- Lloyd–La Follette Act of 1912
- Whistleblower Protection Act of 1989
- No FEAR Act of 2002
- Sarbanes–Oxley Act of 2002
False Claims Act of 1863
The False Claims Act was created to provide private individuals with incentives to report government fraud. It includes a qui tam provision that allows whistleblowers to claim some of the money recovered.
Lloyd–La Follette Act of 1912
The Lloyd-La Follette Act of 1912 guarantees federal employees’ right to share information with members of congress without the need to inform or get the consent of their bosses.
Whistleblower Protection Act of 1989
The Whistleblower Protection Act protects whistleblowers from retaliation by providing them with a series of new protections. It also established additional penalties for government employees or appointees who retaliate or threaten to retaliate against whistleblowers.
No FEAR Act of 2002
The No Fear Act is a whistleblower protection act that requires agencies to pay for any settlements, awards, or judgments that are made against them in whistleblower cases. These settlements must come out of their own budget rather than other government funds.
Sarbanes–Oxley Act of 2002
The Sarbanes-Oxley Act protects whistleblowers who report various kinds of financial fraud, including securities fraud, bank fraud, SEC violations, or wire fraud. Employees are protected while whistleblowing even if they only have a reasonable suspicion of actionable conduct rather than proof.
Do states have whistleblower laws?
Yes, several states have whistleblower laws on the books that may provide additional protections or cover actions that take place in state-level agencies and companies.
For example, the state of Florida has passed The Florida Whistleblower Act. This act protects both public and private employees from being terminated or facing other types of retaliation for reporting illegal or unethical actions.
It gives whistleblowers the right to appeal to the Florida Commission on Human Relations if they believe they have experienced retaliation. The law also establishes remedies up to compensatory damages.
Whistleblowing FAQ
- Q: Is an employee protected if they’re mistaken about the actions being unlawful?
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A: Yes, especially for violations that happen under the No FEAR Act and Sarbanes–Oxley Act. If the employee believes that an action is a violation, the reporting is considered protected even if it is in error.
- Q: How do I qualify to be a whistleblower?
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A: As long as you have evidence of fraud, you can be a whistleblower. You do not have to be a direct witness to the fraud as long as you have documentation of it.
- Q: How can I tell if I have a good whistleblower case?
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A: You should speak to an whistleblower attorney. There are too many variables in these cases to determine the validity without a consultation.
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