Fischer Legal GroupFischer Legal Group2024-03-08T20:29:46Zhttps://www.fischerlegalgroup.com/feed/atom/WordPressOn Behalf of Fischer Legal Grouphttps://www.fischerlegalgroup.com/?p=488992024-03-05T04:02:26Z2024-03-08T20:29:46Zwho disclose significant agency misconduct or engage in protected conduct.
Coverage under the WPA
The WPA extends its protections to most employees and former employees of the executive branch. However, exclusions exist for specific categories like political appointees, military service members and certain intelligence community personnel.
Protected disclosures under the WPA
The WPA shields employees disclosing information on law violations, gross mismanagement, waste, fraud, abuse of authority or dangers to public health or safety. This includes disclosures to Congress, federal inspectors general, the Office of Special Counsel and other authorized individuals or entities.
Remedies for retaliation under the WPA
Employees facing retaliation can seek relief by filing a complaint with the Office of Special Counsel or an individual right of action appeal with the Merit Systems Protection Board. Remedies may include reinstatement, back pay, benefits, expungement of negative records and more.
Special provisions for classified information under the WPA
While the WPA protects disclosures of classified information to Congress, disclosing to unauthorized recipients may result in criminal prosecution or administrative sanctions. The law also prohibits retaliatory security clearance actions, empowering employees to challenge such actions through the OSC.
Federal employees have robust whistleblower protections, but understanding the nuances of the WPA is crucial. Navigating these complexities ensures that whistleblowers can confidently expose misconduct, knowing they have legal recourse against any retaliatory actions by their employers.]]>On Behalf of Fischer Legal Grouphttps://www.fischerlegalgroup.com/?p=488982024-02-28T05:14:03Z2024-03-04T05:13:49ZQui tam lawsuits play a crucial role in exposing and combating fraud against the government, and the potential for significant whistleblower rewards serves as a powerful incentive for individuals to come forward.
How is that compensation figured? Here are some basics that can help you understand:
Factors that influence qui tam rewards:
It’s generally agreed that people (relators) who step forward to expose corruption and waste deserve compensation for their efforts. The False Claims Act provides a baseline, with 10% being the minimum and 30% being the maximum percentage. The court determines where within this range the reward falls based on various factors, including:
Amount recovered: One of the primary determinants of whistleblower rewards in qui tam cases is the amount of money recovered as a result of the lawsuit. Generally, the relator is eligible to receive a percentage of the recovered funds. The higher the financial impact of the fraud, the larger the potential reward.
Government involvement: The level of the government's involvement in the case can significantly impact the whistleblower's compensation. If the government actively participates in the lawsuit and leads the litigation process, the relator's reward percentage may be lower than if the whistleblower plays a more substantial role in driving the case forward.
Relator's contribution: The contribution of the whistleblower to the success of the case is a critical factor. Courts often consider the relator's role in initiating the lawsuit, and the relator's level of cooperation and the quality of the information they provide can influence the percentage of the reward.
If you’re contemplating blowing the whistle, legal guidance can be critical. You want to protect your position, your future – and the compensation you are rightfully due.]]>On Behalf of Fischer Legal Grouphttps://www.fischerlegalgroup.com/?p=488962024-02-16T04:58:31Z2024-02-22T04:58:18ZThe vast majority of employers act within the confines of law. Generally, most companies also implement policies and procedures that respect the rights of employees.
Nonetheless, this isn’t always the case. An employee will often have little option but to “blow the whistle” on questionable workplace practices. This can put workers in an awkward position and they may fear negative repercussions. However, whistleblowers are protected by the law. Outlined below are two common examples of employee whistleblowing.
Health and safety issues
All occupations have certain dangers, but some industries are more hazardous than others. For example, the construction industry is widely regarded as one of the most dangerous sectors. Thus, employers have a legal duty to keep workers as safe as possible. This means ensuring that workers are scheduled for the appropriate working hours and are not forced to work in unnecessarily hazardous conditions. In most occupations in New York, employees are entitled to at least one rest day per week. If an employee raises concerns about working continuously for a prolonged period, they should not be penalized for this. The same can be said if a worker raises concerns over clear safety hazards.
Reporting criminal activity
If an employee recognizes that the company they work for is engaging in criminal activities, such as fraud and other white collar crimes, this can be an uncomfortable situation. They may feel that if they report the conduct then they will lose their job. However, whistleblowers who report criminal activity are protected from repercussions.It takes immense courage to become a whistleblower but you do have legal protections. The more legal information you have at your disposal the better protected you are. ]]>On Behalf of Fischer Legal Grouphttps://www.fischerlegalgroup.com/?p=488942024-02-14T05:01:32Z2024-02-19T05:01:19Zretaliation against the whistleblower is contemplated. The whistleblower can be fired or penalized by a reduction in compensation.
The employer can reassign the whistleblower to another job that is more physically demanding than the former position. The employer can also defame the whistleblower by telling competitors that the individual is a chronic whistleblower.
The protections of the Whistleblower Protection Act
The good news is that both federal and state law contain provisions that afford whistleblowers substantial legal protection from retaliation by their employers.
One of the most important protections is contained in the National Defense Authorization Act (“NDAA”), which extended many of the protections originally contained in the Whistleblower Protection Act of 1989 (“WPA”).
The NDAA extended the scope of protections contained in the WPA to cover persons working on a contract with a federal agency.
The statute protects workers from “personnel actions” that are related to the whistleblower’s activities. An employer cannot take any action against an alleged whistleblower, such as suspension, termination, or any other actions that affect the worker’s conditions of employment.
Actions that can be reported
The WPA and NDAA permit workers to report a variety of misconduct without fear of retaliation, including:
Violations of any law, rule, or regulation related to a federal government contract
Gross mismanagement
Gross financial waste of federal funds
Abuse of authority relating to a federal contract
Actions that create a substantial risk of harm to the public health or safety
The practical effect of these types of misconduct is that the misconduct must be substantial. If the cited misconduct is not substantial, the protections in the WPA and the NDAA may not apply, and the reporting employee will be subject to the employer’s unrestrained retaliation.
Choose audience for claim carefully
An employee of a defense contractor must take care to bring the claim to the proper agency. For example, a charge of financial wrongdoing should be presented to the General Accountability Office, not the Treasury Department.
Another avenue: the False Claims Act
A third statute that serves much the same purpose as both the NDAA and the WPA is the False Claims Act, a Civil War Era statute that was intended to deter false claims against the government. A successful False Claims Act suit can result in an assessment of treble damages against the perpetrator of the false claim, of which the whistleblower may receive up to 30%.
The whistleblower’s evidentiary burden
Many people who are considering making a whistleblower claim are inhibited by a belief that they must have an airtight case before proceeding. Fortunately for the whistleblower, a case can be started based only on the whistleblower’s “reasonable belief” that the evidence indicates misconduct.
]]>On Behalf of Fischer Legal Grouphttps://www.fischerlegalgroup.com/?p=488922024-02-06T04:55:05Z2024-02-10T04:54:46ZWhistleblower protections under SOX
SOX makes it unlawful for corporations to retaliate against employees who report suspected federal securities laws or fraud violations. This includes protection against discharge, demotion, suspension, threats, harassment or any other form of discrimination.
Employees can report a wide range of misconduct, from accounting irregularities to violations of securities regulations, with the assurance that they’re legally protected. The Act provides avenues for confidential and anonymous reporting, which is critical for employees who may fear identification and subsequent reprisal.
Companies must establish mechanisms for receiving and handling complaints regarding accounting or auditing matters and procedures for employees to submit concerns anonymously. These mechanisms ensure that complaints are taken seriously and appropriately investigated.
Legal recourse for whistleblowers
In cases where an employee faces retaliation for whistleblowing, SOX outlines clear legal recourse. Employees can file a complaint with the Occupational Safety and Health Administration (OSHA), which is responsible for investigating and enforcing SOX whistleblower provisions. OSHA reviews the complaint and can order remedies such as reinstatement, back pay or compensatory damages if retaliation is found.
In addition to OSHA's involvement, whistleblowers have the right to file a lawsuit in federal court if the agency doesn’t issue a final decision within a specific time frame. This provides an additional layer of protection, ensuring that employees have access to justice if they are retaliated against for lawful whistleblowing activities.
Impact of SOX whistleblower protections
The whistleblower protections under SOX have led to increased reporting of fraudulent activities. Companies have become more vigilant in their financial practices, knowing employees are empowered to report wrongdoing. These protections have also fostered an environment where ethical business practices are more deeply ingrained, which may improve the financial market's overall health and protect investors.
With all of this said, whistleblowers often face a tough road once they come forward with information. Seeking legal assistance is usually beneficial for these individuals.]]>On Behalf of Fischer Legal Grouphttps://www.fischerlegalgroup.com/?p=488932024-02-05T04:13:15Z2024-02-09T04:12:47ZWhistleblowers value the truth more than most
A Psychology Today article recently examined what motivates some people to blow the whistle while others do not. Plenty of people are willing to ignore a truth that is right in front of their eyes. They benefit from doing that in some way, whether financially or just because it avoids conflict. Some people’s conscience does not allow them to stay silent.
Whistleblowers tend to come from the peripheries
Someone at the center of things who feels they are an integral part of the company or of the group that has acted improperly is less likely to blow the whistle than someone on the outside. That may be because they feel they have more to lose and will hurt more people close to them or because they do not have enough perspective to understand that what is happening is wrong.
The article also found that whistleblowers do better when they have allies. Not only can it lend credibility to their account, but it can provide emotional support. There’s also safety in numbers – an employer is less likely to retaliate against a group of whistleblowers than a singular one.
If you are willing to be the first to step up and expose wrongdoing, it’s wise to get legal help to learn more about how the whistleblowing process works, the protections available and how you might encourage others to join you in your quest to tell the truth.]]>On Behalf of Fischer Legal Grouphttps://www.fischerlegalgroup.com/?p=488912024-02-02T05:31:35Z2024-02-07T05:31:23Zput in effect to alleviate people’s fears. It can even protect them from being caught up in the prosecution and facing charges themselves.
U.S. Attorneys’ plan would give whistleblowers new incentives
Whistleblowers are frequently dissuaded from coming forward because they are fearful of being implicated. This is one of the major obstacles to people speaking up. The U.S. Attorneys in New York are offering people the opportunity to become a whistleblower and avoid prosecution if they were somehow involved in the illegal behavior.
This will be available to anyone who believes there is corruption in the public or private sector. The whistleblower could even have taken part in the activity. Reporting it will free them from facing legal ramifications. This is not for people in positions of power and those who were overseeing the activity, but for those in lower-level jobs who could be caught up in fraud or other crimes.
Major cases often have whistleblowers who stepped up and reported what they knew. This is not a drastic change in strategy, but an attempt to let people know they have the option of becoming a whistleblower.
Whistleblowers should still have legal protection
Even with this new program, choosing to become a whistleblower is never easy. Despite the federal prosecutors’ attempts to smooth the process, people will inevitably have questions about how they can be impacted by reporting what they know.
Those who do so have various protections including not being punished for speaking up and a financial award from the recovery. When considering how to move forward, it is essential to have advice on being protected from negative consequences related to whistleblowing.
]]>On Behalf of Fischer Legal Grouphttps://www.fischerlegalgroup.com/?p=488892024-01-19T07:03:36Z2024-01-24T07:03:05ZClaims of retaliation can be difficult to prove. However, there are some ways that people who have gone through this can show what’s happening.
Keep detailed records
Maintaining detailed records of each incident is critical. This involves documenting all forms of communication that might indicate retaliatory behavior, such as emails, memos or verbal warnings.
Employees should note these interactions' dates, times and specific details, ensuring that all evidence is stored securely. They should note any changes in their work environment, including alterations in job responsibilities, shift changes or any form of disciplinary action.
Maintain a timeline of events
After whistleblowing, it is vital to maintain a timeline of all relevant events. This timeline should include the date of the initial whistleblowing report and any subsequent incidents of alleged retaliation. Retaliation must be in response to the whistleblowing, so having these dates can tie those points together.
Gather witness statements
Their statements can be invaluable if colleagues or other individuals witness the retaliation. Employees should approach witnesses discreetly and respectfully, requesting written accounts if possible. These statements can corroborate the employee's experiences and provide additional perspectives on the retaliatory behavior.
Seek external advice
In cases of complex retaliation, seeking external advice is often beneficial. This may involve seeking legal guidance on documenting retaliation and navigating the legal landscape. Additionally, this can help you gain insight into the rights and protections available to whistleblowers.
]]>On Behalf of Fischer Legal Grouphttps://www.fischerlegalgroup.com/?p=488872024-01-17T08:07:12Z2024-01-22T16:38:34Zcontractor fraud or other underhanded and illegal activity.
A would-be whistleblower should also know that they are doing their part to make sure their own tax dollars are being used well.
It is scary to be a whistleblower, but the law does protect those who come forward and may in some cases even offer financial incentives for doing so.
Fraud involving government projects takes many forms
Ways people and businesses try to game the public contracting system abound.
There are relatively obvious signs of unlawful activity which apply equally to public works projects as they do to other government contracts.
Bribery in its many forms, including lavish gifts, entertainment or favors, is always an abuse. Likewise, some of those involved in bidding may outright falsify information or invoices.
There have also been cases where different contractors coordinate their bids on a project so the government agency procuring work cannot possibly get the best price.
But there are more subtle schemes of fraud as well. For example, contractors may use inferior materials or deliberately cut corners with respect to labor.
They may also deliberately bid low knowing full well that they will have to raise the price through change orders.
Many times, it is only whistleblowers with knowledge of the facts who uncover these more subtle, and hard to spot, cases of fraud. If they do decide to come forward, they should make sure they understand all their legal options and protections.]]>On Behalf of Fischer Legal Grouphttps://www.fischerlegalgroup.com/?p=488862024-01-08T16:01:24Z2024-01-11T16:38:35ZDealing with the stress of whistleblowing
Although getting through your whistleblower case isn’t going to be easy, there are steps you can take to alleviate the stress. This includes:
Developing a plan for how to get through your case, that way you take the guesswork out of what will happen and how you’ll respond when the other side acts maliciously against you.
Documenting key facts and activities in a journal so that you can later refresh your recollection, thereby reducing the stress of trying to remember everything that has occurred in your case.
Practicing self-care by getting plenty of rest, eating a healthy diet, and exercising.
Reminding yourself of why you’re speaking out, as this motivation can help you overcome the stress that you’re experiencing.
Seeking out mental health support from a professional who can provide you with coping skills.
Have a solid legal plan going into your whistleblower case
This is probably uncharted territory for you, but that’s okay. You’ll get through this, and developing a strong legal and self-care plan can be effective in protecting your interests throughout the whistleblowing process. So, if you’re still interested in finding accountability for the wrongdoing that you’ve observed, then now is the time to consider your next steps.]]>