Do Whistleblowers Have Rights?

Whistleblowers
do indeed have rights when they make a good faith effort to initiate a case involving alleged fraud. If you’ve been fired for whistleblowing, however, this could be illegal.

According to the U.S. Department of Justice, when a whistleblower reports fraud by his or her employer or opens a case on behalf of the government, the employer might become aware of this issue but cannot, under the law, retaliate against the worker. If this retaliation is enacted, this could violate the whistleblower’s rights and expose the employer to additional legal action under qui tam provisions of the federal False Claims Act.

What is Protected Activity?

In order for an employee to show that he or she was retaliated against for becoming a whistleblower, it must be proven that the employee was involved in “protected activity” and that such activity was at least part of the reason that the employer demoted, fired, or otherwise retaliated against the worker.

Protected activity will depend on the fraud case at hand and whether state or federal laws apply. According to the Office of the Inspector General at the Social Security Administration, some common examples of protected whistleblowing activity include contacting the media, reporting fraud to a supervisor, assisting the government via testimony or investigation, filing a grievance, or refusing to participate in the illegal activity.

If you were involved in the identification or reporting of some type of fraud, you could be considered a whistleblower.

Are Whistleblowers Only Protected from Firing?

Any discriminatory action based on the employee’s participation in protected activity could be whistleblower retaliation. The key concept in a case like this is retaliation. If the employee is retaliated against, this could lead to a lawsuit filed by that worker or former worker.

The key term applied in these cases is adverse employment action. Examples can include denials of overtime, promotions, or benefits. Most cases in which an employee has lost money could meet the grounds for an adverse employment action case.

How Can I Show My Employer Acted Due to My Own Protected Activity?

One of the most challenging aspects of any retaliation case is in showing that the employer was aware of the whistleblowing activity and based their retaliation decision, at least in part, on this. If you don’t have direct evidence that this occurred, speaking to an attorney could help you determine whether you have strong enough grounds to proceed with a case.

Causation can be shown in these cases in one of two ways: inference or direct evidence. Sometimes, an employer will verbally state the reason for the demotion or termination or will even put it in writing. These are relatively clear examples of direct evidence that you’ve been fired for whistleblowing.

Cases can be more difficult, but not impossible, with inference. Inference can relate back to timing, deviation from normal practices, changing explanations for the adverse action, a pattern of retaliation against others who have spoken up, and the use of false evidence.

What Should You Do If You’ve Been Terminated Illegally?

One of the most important things to do after you have been fired or otherwise retaliated against is to get your own legal counsel. An experienced qui tam attorney can help you decide whether or not filing a retaliation claim is the best course of action in your case if you’ve been fired for whistleblowing.

This article is not legal advice. It is presented
for informational purposes only.