Whistleblowing is a common term that refers to an employee or contractor alerting authorities that his or her employer is engaged in some type of illegal or prohibited activity.

Activities associated with whistleblowing often includes a violation of law, rule, or regulation; gross mismanagement; a gross waste of funds; an abuse of authority, or a substantial and specific danger to public health or safety.

Federal and state laws provide legal protection for whistleblowers from discrimination for coming forward and reporting illegal activity.

These whistleblower protection laws have been put into place so that if an employee is aware that a company is violating the law, he or she may be able to file a lawsuit against his or her former employer without fear of whistleblower retaliation.

About the Whistleblower Protection Act

The Whistleblower Protection Act of 1989 (WPA) is a law that protects employees in the United States from retaliatory action for voluntarily disclosing information about dishonest or illegal activities occurring at an organization.

The law prohibits a company from taking action, or threatening to take action, against an employee or applicant for disclosing information that he or she believes violated a law, compliance rules or other regulation.

The disclosed information could include reports of mismanagement wrongdoing, the waste of funds, an abuse of authority, and/or a potential risk to public health or safety.

The U.S. Office of Special Counsel has jurisdiction over allegations of federal whistleblower retaliation and investigates federal whistleblower complaints.

In 2009, Sen. Daniel Akaka of Hawaii introduced the Whistleblower Protection Enhancement Act (WPEA) to strengthen the legislation, mandating legal protection for whistleblowers, specifically federal employees who report waste, fraud and abuse. WPEA became law in November 2012.

What Rights Does a Whistleblower Have?

The federal government recognizes that employees are the best eyes and ears for ensuring workplace safety and protecting against questionable behavior. One way the government achieves those goals is by offering whistleblower protection, meaning if a person reports their employer, and is then terminated, the termination was retaliatory and unlawful.

Thus, someone who was fired simply for speaking up against unlawful acts may be able to file a whistleblower lawsuit against their former employer.

False Claims Act Whistleblower Protection

If an employer has a duty to make claims to a federal agency, and that employer falsifies a claim, the government may launch an investigation and sue the employer.

Any employee who assists the government in their investigation or lawsuit in any way, for instances, by testifying for the government, is generally protected under the False Claims Act from whistleblower retaliation for that participation.

If an employee decides to sue an employer for whistleblower retaliation termination under the False Claims Act, the employee must show that:

• They were acting in a manner protected under the False Claims Act
• The employer had knowledge that the employee was acting to assist the government in an investigation or lawsuit against the company
• The employee’s termination was in retaliation for protected activities

A whistleblower that was wrongfully terminated by their employer could be entitled to:

• Reinstatement with seniority
• Back pay with interest
• Special damages sustained as a result of discriminatory conduct
• Attorney’s fees and costs

If you have information that your employer is violating laws or regulations, or if your employer is causing danger to public health and safety, you may feel obligated to report this information. If you do so, then you may be considered a “whistleblower.”

While the decision to step forward and blow the whistle is sometimes a hard one and can be a scary proposition for some, those who are contemplating blowing the whistle can take comfort in knowing that there are many state and federal laws in place that offer legal protection for whistleblowers from retaliation by their employers.