Whistleblowers are persons who expose misconduct or raise an allegation of misconduct within an organization. The misconduct may consist of mismanagement, corruption, illegality or other wrongdoing. The organization may be any type of private or public entity. There is a strong public policy for supporting and protecting whistleblowers. Many laws, especially those related to health, safety, finance, and the use of government funds contain whistleblower provisions. With that said, whistleblower law and the protections afforded to whistleblowers can be complex making it important to consult with a Pasadena whistleblower attorney. Through the assistance of an experienced lawyer, you can ensure that your rights are protected.
- 45% of U.S. workers observed wrongdoing
- 65% of those who witnessed wrongdoing reported it
- 22% of those who reported wrongdoing said they experienced retaliation
- 46% of those who observed wrongdoing but chose not to report it cited fear of retaliation as the reason
Why You Need a Whistleblower Lawyer
The laws are varied and designed to protect different types of things from fraudulently obtained government funds to releasing toxic substances. One federal law, The False Claims Act, is designed to uncover wrongs against the government and covers such things as:
|Falsified Payment Claims||Poor quality products|
|Falsified payment support records||Unnecessary services or product features|
|Promoting or selling products for improper use||Improper quality control practices|
|Excess markup on outside vendor products or services||Non-conformance to contract specifications|
|Deliberate production or delivery delay for contracted services||Non-conformance to wage and employment laws|
|Double billing||Financial bookkeeping out of compliance with GAAP|
|Overcharging||Final billing for unfinished contracts|
Many Laws Have Whistleblower Provisions
Laws generally focus on different types of activities. Laws relating to securities are focused on securities while laws related to safe foods are focused on foods. There are over fifty federal laws offering some form of protection to workers for whistleblowing (states also have whistleblower laws). This makes sense because there are hundreds of government agencies regulating and seeking to monitor everything from stock markets to the transportation of hazardous or volatile substances. But the sheer number and complexity of these laws and regulations make it extremely important for you to contact a Pasadena whistleblower attorney to better understand your rights and responsibilities as a whistleblower.
Some of the many laws and regulatory agencies with whistleblower protections (and the areas focused on) include:
Affordable Care Act – Misconduct related to provisions of the law’s consumer protections (e.g., the prohibition on denials of insurance due to pre-existing conditions) or affordability assistance provisions (e.g., access to health insurance premium tax credits).
Consumer Product Safety Improvement Act of 2008 – Violations of consumer product safety
Food Safety Modernization Act – Violations of food safety regulations
False Claims Act – A big bucket law for a variety of misconduct that defrauds the U.S. Treasury
Sarbanes-Oxley – Improper or misleading public company disclosures to the SEC
Securities and Exchange Commission – Violations of securities laws and the Foreign Corrupt Practices
Dodd-Frank Act – Misconduct relating to Wall Street reform and consumer protection
Commodities Futures Trading Commission – Commodity trading regulation violations
IRS – Tax law violations and underpayments
Asbestos Hazard Emergency Response Act – Asbestos use, including use in schools
The Clean Air Act – Standards for air quality, acceptable pollutants, and related reporting and inspection procedures
Comprehensive Environmental Response, Compensation, and Liability Act – Misconduct related to hazardous waste
The Federal Water Pollution Control Act or “Clean Water Act”– Misconduct relating to polluting water
The Safe Drinking Water Act – Misconduct related to clean water, especially water knowingly containing lead
The Solid Waste Disposal Act – Managing hazardous waste and extracting energy from waste products
The Toxic Substances Control Act – Imported industrial chemicals
American Recovery and Reinvestment Act of 2009 – Misuse of federal funds to stimulate the economy
Whistleblower Protection Act of 1989 – Increasing protections for federal employees who became whistleblowers under a variety of laws
The Energy Reorganization Act of 1978 – Nuclear safety
What Types Of Rewards & Protections Can Whistleblowers Expect
Rewards & Incentives
Many whistleblower provisions allow the whistleblowers to participate in government recoveries, fines and penalties. Laws differ. Cases differ. Courts will decide on reward amounts based on the specific circumstances of a case.
Most whistleblower provisions are designed to protect the whistleblower against retaliation. Common forms of retaliation include termination, demotions, denial of promotions, intimidation, deduction of pay or hours, reassignment, denial of benefits, unwarranted discipline and other similar work type actions.
Remedies for Retaliation
Most whistleblower provisions providing remedies for retaliation will include things like reinstatement with previous seniority and benefit; back pay for lost wages (sometimes with a multiplier); interest on back pay; compensation for emotional distress and pain and suffering; and attorney fees.
Experienced Pasadena Whistleblower Attorneys Fight for Justice
The Law Offices of Scott Glovsky whistleblower attorneys want to discuss your rights and options. A Pasadena whistleblower attorney can assist you throughout your case and help to ensure that you fully participate in the rewards process and fight against any retaliation. There is no fee for a consultation. Call us at 626-243-5598, complete the form below or send us an inquiry form by clicking here.