Whistleblower Protections: Your Rights When Reporting Wrongdoing
A guide to federal whistleblower protections, including which laws apply, how to report safely, and what remedies are available.
What Is Whistleblowing?
Whistleblowing is reporting illegal, unethical, or dangerous activity by an employer. This includes fraud, safety violations, environmental violations, securities law violations, and tax fraud. Federal law provides robust protections recognizing the critical role whistleblowers play.
Major Federal Whistleblower Laws
The Sarbanes-Oxley Act protects employees who report securities fraud. The Dodd-Frank Act provides protections and financial rewards for SEC reporting. The False Claims Act protects those who report government fraud. OSHA provisions protect safety reporters. Title VII protects discrimination reporters.
Financial Rewards
Under the Dodd-Frank Act, SEC whistleblowers may receive 10-30% of sanctions exceeding $1 million. Under the False Claims Act, qui tam plaintiffs may receive 15-30% of any recovery. These incentives encourage reporting of significant fraud.
Protections Against Retaliation
All major whistleblower statutes include anti-retaliation provisions. Employers cannot fire, demote, suspend, threaten, or discriminate against whistleblowers. Protections cover reporting, participating in investigations, and refusing to participate in illegal activity.
How to Report Safely
Understand which law applies and what procedures to follow. Document the wrongdoing thoroughly. Consult with a whistleblower attorney before reporting. Depending on the situation, you may report to internal compliance, a government agency, or through a qui tam lawsuit.
Remedies for Retaliated Whistleblowers
Remedies include reinstatement, back pay with interest, compensatory damages, special damages, attorney's fees, and in some cases double back pay. The specific remedies depend on the applicable statute.
Getting Legal Help
Whistleblower cases are complex and high-stakes. An experienced attorney navigates protections, chooses the best reporting channel, maximizes financial awards, and protects you from retaliation. Many work on contingency.
Need Legal Help With Your Situation?
This guide is for informational purposes. For advice specific to your situation, get a free consultation with an experienced employment attorney.
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