The Whistleblower Protection Act (WPA) provides safeguards for federal employees who report workplace fraud. False Claims Act whistleblowers who do not work for the government are not protected by the WPA, but still enjoy protection under several other state and federal statutes, including the False Claims Act. Hagens Berman represents whistleblowers under federal and state False Claims Act laws. In some cases, that can include federal workers who have witnessed unlawful conduct. Our legal team makes sure our clients understand the applicability of the False Claims Act and other relevant laws to each whistleblower’s unique circumstances as well as the protections in place to shield them from retaliation as they take action against wrongdoers.
THE WHISTLEBLOWER PROTECTION ACT EXPLAINED
The Whistleblower Protection Act was enacted in 1989 to protect federal employees who expose any apparent violations of laws and rules, abuse of authority, or dangers to the public in their departments.
The WPA allows whistleblower employees of the government to bring these allegations forward confidentially to the Office of Special Counsel and the Office of the Inspector General for the executive agency involved. The Office of the Special Counsel investigates federal employee whistleblower complaints under the WPA.
Once the whistleblower files a report, the Whistleblower Protection Act prevents federal workers from receiving pay cuts, outright dismissal or other retaliation in response to the whistleblower action. If they suffer harassment or discrimination due to their disclosure, whistleblowers can file a lawsuit to restore everything they lost.
CAN GOVERNMENT EMPLOYEES FILE FALSE CLAIMS ACT CASES?
In some instances, government workers are allowed to file a complaint under the False Claims Act. Where permitted, they can reap a share of the rewards if there are recoveries under the False Claims Act.
However, some cases are not allowed to proceed. This can depend upon a number of specific factors, including the nature of the allegations and the specifics of the position and responsibilities within government that the whistleblower holds. If the information has also been publicly disclosed, that can influence the decision on whether a government employee is allowed to proceed with a False Claims Act case.
PROTECTIONS FOR FALSE CLAIMS ACT WHISTLEBLOWERS
In general, whistleblowers can count on strong safeguards when filing a False Claims Act complaint against their employers.
When a whistleblower exposes an employer's wrongful conduct, it is illegal for the employer to retaliate. Retaliation could include firing the employee, denying promotions and other benefits, threats and other workplace harassment.
If the company illegally retaliates against the whistleblower, the court may sanction the company for violating the whistleblower's employment rights. In these situations, whistleblower employees can file civil claims to receive double their lost wages, reinstatement of their previous position, and other damages.
CONTACT HAGENS BERMAN FF YOU ARE CONSIDERING BLOWING THE WHISTLE ON WRONGDOERS
When moving forward with a potential False Claims Act claim, whistleblowers need counsel and should select a law firm with the reputation, experience, and resources to advance the case. When the success of your claim carries the potential for significant risks and rewards, you need a law firm with an outstanding False Claims Act track record.
Among the largest and most highly respected and experienced whistleblower firms in the country, Hagens Berman is positioned to be your advocate as a whistleblower. We utilize our decades of experience, our deep bench of talent, substantial resources and our strong reputation with the Department of Justice to ensure your case properly evaluated and litigated.
Hagens Berman provides a free and confidential analysis of your potential whistleblower matter. You can also visit our whistleblower informational page for more helpful articles and instructional videos from our legal team on the False Claims Act.
