Whistleblowing can be a difficult decision, and can lead to many questions and uncertainties. To help you better understand your rights and the legal process, we’ve compiled this list of common questions and answers about whistleblowing.
FAQs About the Whistleblowing Process
Find answers to the most common questions people have when they first consider becoming a whistleblower.
1) What qualifies as a whistleblower complaint?
Whistleblowing is reporting an illegal or unethical act to the appropriate authorities. It can involve exposing fraud against the government, securities violations, commodity law violations, or other forms of corporate misconduct.
2) How can I safely report illegal or unethical actions?
The safest way to blow the whistle is to consult with a qualified whistleblower attorney before taking any action. An attorney can advise you on the specific laws that apply to your situation and help you report the information and might allow you to remain anonymous.
3) How long do I have to file a whistleblower claim?
The time limit to file a claim, also known as the statute of limitations, varies significantly depending on the specific law and type of wrongdoing involved. It is critical to consult an attorney as soon as possible to avoid missing a deadline.
FAQs About Workplace Retaliation & Protections for Whistleblowers
Learn about the legal safeguards in place to protect you from being fired or facing other negative consequences for blowing the whistle.
1) Can I be fired for whistleblowing?
It is illegal to fire an employee for protected whistleblowing activity under most federal and state laws, though it unfortunately does happen. Legal protections are in place to shield whistleblowers from such actions.
2) What constitutes retaliation or unfair treatment at work?
Retaliation includes any adverse action taken against an employee for whistleblowing. This can range from being fired or demoted to being harassed, receiving a negative performance review, or being passed over for a promotion.
3) What legal protections do whistleblowers have?
Whistleblower protections are provided by numerous laws, including the False Claims Act, the Dodd-Frank Act, and the Sarbanes-Oxley Act. These laws protect employees from retaliation and, in some cases, entitle them to a portion of the funds recovered.
4) I’m facing retaliation for whistleblowing. What should I do?
If you are facing retaliation, you should immediately contact an experienced whistleblower attorney. An attorney can help you determine if the retaliation is illegal and advise you on the necessary steps to take, such as filing a complaint with the appropriate government agency.
5) What are the outcomes of whistleblower retaliation cases?
Successful retaliation cases can result in the whistleblower being reinstated to their job, receiving back pay, or compensation for emotional distress, and having attorney fees covered.
6) What are the potential consequences of whistleblowing?
While whistleblowing can lead to a financial reward and protecting taxpayer dollars, it may also lead to retaliation from an employer, such as being fired or demoted. Whistleblowers may also face personal challenges like emotional stress, isolation from colleagues, and difficulty finding future employment. However, it can also bring about a sense of satisfaction from exposing wrongdoing and can lead to a financial reward.
Whistleblower FAQs About Working with Phillips & Cohen
1) Can Phillips & Cohen represent me if I don’t live in the city or state where the law firm has an office?
Yes. Phillips & Cohen represents clients across the country and has represented whistleblowers from dozens of states. We have an office in Washington, DC, which allows our attorneys to work more closely on its clients’ cases with government lawyers and enforcement officials at the headquarters of the Justice Department and other relevant agencies.
2) Will Phillips & Cohen charge me to evaluate my whistleblower case?
No. Phillips & Cohen provides initial reviews of whistleblower cases for free. If you decide to retain us and we agree to represent you, we charge a contingency fee, meaning you pay us only if your case is successful and you receive a reward.
3) How much will my whistleblower case cost me?
We will work for you on a contingency basis, so you only pay us if the government recovers funds and you are paid a reward. Phillips & Cohen will pay whatever expenses are necessary to provide a thorough and effective representation, hiring experts, paying for any travel costs, document costs and litigation expenses. In qui tam whistleblower cases, we are entitled to seek reimbursement of those expenses from the defendant (the company or individual accused of defrauding the government), if the case is successful.
4) How will Phillips & Cohen staff my whistleblower case?
All of our whistleblower cases receive personal attention from at least one of the firm’s partners. All of our partners have extensive experience with whistleblower cases. The additional attorneys we assign to work on a client’s case also will have had experience working on related matters. We hire other experts as needed.
5) Does Phillips & Cohen have the resources to devote to the litigation of major cases?
We commit whatever resources are necessary to win the best possible outcome for our clients. For a qui tam case against the nation’s largest for-profit healthcare provider, HCA, we invested more than $5 million in costs. This included the costs of Medicare reimbursement experts, deposition transcripts and other expenses. We assembled and directed a team of more than 70 lawyers from more than five law firms from around the country to handle the litigation. HCA eventually paid $631 million to settle our qui tam case and a separate one brought by another whistleblower.
Final thoughts on Whistleblower FAQs
If you still have questions that need to be answered or you’re ready to speak confidentially with a whistleblower attorney and have your matter reviewed, Phillips & Cohen LLP offers free and confidential reviews of whistleblower cases. The firm has dedicated its law practice to representing only whistleblowers for nearly 30 years. We are the most successful law firm representing whistleblowers, with more than $12.3 billion in recoveries from our cases. Contact us today!