| Those who report fraud, known in legal terms as | | | | of thirteen other statutes, protecting employees who |
| "relators" and commonly as whistleblowers, have | | | | report violations of various trucking, airline, nuclear |
| some of the most powerful and effective laws in the | | | | power, pipeline, environmental and securities laws. |
| country on their side. | | | | The Federal False Claims Act provides the legal |
| Whistleblowers may identify and report actual theft, | | | | framework for claims alleging fraud against the |
| false claims, over billing, up coding, unbundling, | | | | federal government, and it does several important |
| kickbacks, false certifications, violations of | | | | things for a whistleblower: |
| governmental regulations, destruction of company | | | | . Provides specific protection for the whistleblower |
| records, workplace violence, safety hazards or | | | | from discharge, demotion, suspension, threats or |
| unsafe working conditions, environmental concerns, | | | | other harassment or discrimination that the |
| substance abuse, general conflicts of interest, release | | | | whistleblower may encounter due to lawful actions |
| of proprietary information and other types of fraud | | | | taken in the furtherance of a whistleblower claim, if |
| or occupational concerns. | | | | the employee is still works for the employer. |
| Whistleblowers are protected by agencies and laws | | | | . Provides for filing a whistleblower complaint under |
| from the government which include: | | | | seal, which means that no one other than the |
| . Americans with Disabilities Act (ADA) | | | | government, not even the defendants alleged to |
| . Civil Rights Act of 1866 (since amended numerous | | | | have committed the fraud, can know of the |
| times) | | | | complaint until after the government has investigated |
| . Federal Equal Employment Opportunity Commission | | | | the claims. |
| (EEOC) | | | | . Anywhere from 15 to 25 percent of the entire |
| . Federal False Claims Act | | | | recovery can be made in some instances by the |
| . Occupational Safety and Health (OSH) Act of 1970 | | | | whistleblower. |
| Under the OSH Act of 1970, employers may not | | | | Eleven states and the District of Columbia also have |
| discharge or in any manner discriminate against any | | | | their own false claims acts that closely resemble the |
| employee because an employee has filed any | | | | Federal Act. |
| complaint, or instituted or caused to be instituted, | | | | Whistleblower laws allow for the contingent fee |
| any proceeding under or related to this Act. | | | | representation of whistleblowers. The Federal False |
| Additionally, the employer may not terminate an | | | | Claims Act also provides that a whistleblower's |
| employee who has testified, or is about to testify, in | | | | attorney's fees be paid by the entity that committed |
| any such proceeding. | | | | the fraud in the event of a government recovery. If |
| Under the Act, an employee who believes that a | | | | the case is succesful, then there are no expenses or |
| work hazard exists, whether or not they have filed a | | | | monetary costs to the employee. |
| claim, has legal protection to refuse to work if all of | | | | Anyone who knows of fraud against the |
| the following apply: | | | | government can become a whistleblower. Usually it is |
| . The employee faces death or serious injury and the | | | | employees or ex-employees who report fraud of a |
| hazard is so clear that a reasonable person would | | | | corporation because they have the most knowledge |
| agree with the seriousness of the hazard. | | | | of internal operations. |
| . The situation is so urgent that there is not time to | | | | The law only protects one whistleblower-based claim. |
| eliminate the hazard through regulatory channels. | | | | The first to file based on specific information about a |
| . The employee has tried to get the employer | | | | particular fraud preempts other whistleblowers and |
| tocorrect the dangerous condition and they have not | | | | their claims. In addition, an employee cannot bring a |
| complied. | | | | whistleblower complaint if information about the fraud |
| OSHA also administers the whistle blowing provisions | | | | becomes public before bringing a claim. |