Be Wise About Qui Tam Whistleblowers and Blowing the Whistle

1. Whistleblower Definition:

Employee or former employee that discloses wrongdoings or mal practices within an organization that is evidence of:

• Fraud, illegal activities, corruption, gross waste, gross mismanagement and abuse of power;
• Or substantial and specific danger to public health or safety.

2. Types of Whistle Blowers:

Depends on the type of complaint against their employer:

• Qui Tam whistleblowers that files under the Federal False Claims Act (FFCA) defrauding the government or making false claims for profit.
• OSHA whistleblowers that files under different laws administered by the Occupational Safety and Health Administration (OSHA) Office aimed at unsafe practices that put employees at risk or can endanger the public.

3. Whistleblowers Protection:

In the USA through the Federal False Claims Act, Occupational Safety and Health Act and several other Federal and State Laws.

4. Whistleblowers Rewards:

15% to 30% of any award or settlement amount and in some cases immeasurable benefits to the public.

5. Before You Blow the Whistle:

• Can the allegations be reasonably proven?
• Is the wrongdoing substantial enough to warrant the risks and costs?
• Consult with your family or close friends about your decision to blow the whistle.

6. Risks of Whistleblowers:

• Lose your job or suffer some level of harassment or retribution.
• Pay an emotional and mental price.
• Lose lifetime friends and risk social isolation.
• Face legal prosecution.

7. Employer’s Tactics against Whistleblowers: Tactics of retaliation may include:

• Draw attention to the whistle blowers.
• Create a poor employment record.
• Eliminate the jobs of whistleblowers.
• Set whistleblowers up for Failure.
• Threats, humiliation and isolation.

8. Document Your Complaint:

• Before and after you blow the whistle you should keep a factual log of relevant activities and events as they unfold.
• Make copies of all supporting documents before it is too late.

9. After Blowing the Whistle:

• Be alert and stay on your best behavior with superiors and peers.
• Be discreet and don't create any additional problems for yourself.
• Do not use the employer's resources and engage in whistle blowing activities in your own time.

10. Get Legal Advice from a Whistleblower Attorney:

• An whistleblower attorney will prevent you from making serious mistakes and forfeiting your rights.
• Consult with a well-informed and experienced whistle blower attorney with a proven track record in handling whistle blowing cases as your professional future may depend on it.
• Make sure that the attorney-client privilege applies to what you are about to discuss and make sure that there is no conflict of interest.
• Clarify what it will cost you from the outset and find out if there is a fee for the initial consultation.