It’s not easy being a whistleblower. 

Reporting wrongdoing in the workplace can result in repercussions for workers. In the workplace whistleblowers can experience occupational blowback, such as being fired, suspended, or demoted. Additionally, some may experience social stigma or face challenges to their emotional and physical wellbeing.

Long before deciding to speak out about a fraud, it’s crucial for potential whistleblowers to fully understand their options for reporting wrongdoing, how to navigate the reporting process and how to best protect themselves from harm. 

Would-be whistleblowers should take the time to become familiar with anti-retaliation provisions of the applicable state and federal whistleblower laws prior to taking any action to report fraud. These provisions provide whistleblowers with protection if their employers take action in response to their reporting.

One of the most significant federal laws that gives whistleblowers an avenue to report fraud on the government is the False Claims Act. The law incentivizes whistleblowers to report fraud against the U.S. government, such as overbilling Medicare for unnecessary services or billing the U.S. government for services not rendered. 

The False Claims Act’s anti-retaliation provision protects employees, contractors and agents of a company.

Specifically, they’re protected if they are discharged, demoted, suspended, threatened, harassed or in any other manner discriminated against in the terms and conditions of their employment because of lawful acts in furtherance of the False Claims Act or other efforts to stop one or more violations of the Act. 

The FCA states that such individuals are entitled to “all relief necessary” to make them whole. That relief can include reinstatement with the same seniority status they would have had but for the discrimination, back pay, interest on back pay and compensation for any special damages sustained, including litigation costs and reasonable attorneys’ fees.

Currently, legislation is pending in the U.S. Senate that would provide further clarity on the scope of the FCA’s anti-retaliation provisions. Part of the False Claims Amendments Act of 2021 (S.2428) clarifies that the law’s anti-retaliation provisions prohibit retaliation against a whistleblower occurring post-employment. 

The bill, which has garnered bipartisan support, was introduced to the Senate in July 2021. The U.S. Senate Judiciary Committee passed the bill out of committee in October, advancing it to the Senate floor, where it has remained since. 

In addition to the False Claims Act, California has its own laws protecting workers against whistleblower retaliation. 

California Labor Code Section 1102.5, for example, prohibits employers from retaliating against an employee who is a whistleblower. The law also prohibits an employer from retaliating against an employee for exercising their rights as a whistleblower in any former employment. 

Under this law, a whistleblower may be entitled to relief including reinstatement of their employment and work benefits and lost wages, and employers may be required to take other steps to comply with the law.

If you’re considering blowing the whistle on a fraud, it’s important to fully consider all the implications of becoming a whistleblower. Additionally, you may need to take certain steps to protect yourself and your livelihood. 

At Keller Grover, we strongly encourage would-be whistleblowers to talk to a whistleblower attorney before coming forward. Whistleblower attorneys are equipped to help minimize the impact of reporting, ensure whistleblowers’ rights are protected and help them get the best outcome possible in their unique situation.

Keller Grover’s attorneys have deep experience litigating both fraud and employment law matters and are uniquely skilled to represent whistleblowers. 

Contact us now for a free and confidential consultation.