| Whistleblowers in America are protected by laws | | | | OSHA also administers the whistle blowing |
| as the government finds individuals reporting fraud | | | | provisions of thirteen other statutes, protecting |
| and other illegal internal issues as extremely | | | | employees who report violations of various |
| important to keep the balances in check. | | | | trucking, airline, nuclear power, pipeline, |
| Whistleblowers may identify and report actual | | | | environmental and securities laws. |
| theft, false claims, over billing, up coding, | | | | The Federal False Claims Act provides the legal |
| unbundling, kickbacks, false certifications, violations | | | | framework for claims alleging fraud against the |
| of governmental regulations, destruction of | | | | federal government, and it does several important |
| company records, workplace violence, safety | | | | things for a whistleblower: |
| hazards or unsafe working conditions, | | | | . Provides specific protection for the whistleblower |
| environmental concerns, substance abuse, general | | | | from discharge, demotion, suspension, threats or |
| conflicts of interest, release of proprietary | | | | other harassment or discrimination that the |
| information and other types of fraud or | | | | whistleblower may encounter due to lawful actions |
| occupational concerns. | | | | taken in the furtherance of a whistleblower claim, |
| Whistleblowers are protected by agencies and | | | | if the employee is still works for the employer. |
| laws from the government which include: | | | | . This allows only one complaint under seal, which |
| . Americans with Disabilities Act (ADA) | | | | basically means that no one will know about the |
| . Civil Rights Act of 1866, which has been | | | | complaint until it has been investigated, even the |
| amended througout the years | | | | defendent. |
| . Federal Equal Employment Opportunity | | | | . Anywhere from 15 to 25 percent of the entire |
| Commission (EEOC) | | | | recovery can be made in some instances by the |
| . Federal False Claims Act | | | | whistleblower. |
| . Occupational Safety and Health (OSH) Act of | | | | Eleven states and the District of Columbia also |
| 1970 | | | | have their own false claims acts that closely |
| Under the OSH Act of 1970, employers may not | | | | resemble the Federal Act. |
| discharge or in any manner discriminate against | | | | Whistleblower laws allow for the contingent fee |
| any employee because an employee has filed any | | | | representation of whistleblowers. The Federal |
| complaint, or instituted or caused to be instituted, | | | | False Claims Act also provides that a |
| any proceeding under or related to this Act. | | | | whistleblower's attorney's fees be paid by the |
| Additionally, the employer may not terminate an | | | | entity that committed the fraud in the event of a |
| employee who has testified, or is about to testify, | | | | government recovery. If the case is succesful, |
| in any such proceeding. | | | | then there are no expenses or monetary costs |
| Under the Act, an employee who believes that a | | | | to the employee. |
| work hazard exists, whether or not they have | | | | Anyone who knows of fraud against the |
| filed a claim, has legal protection to refuse to | | | | government can become a whistleblower. Usually |
| work if all of the following apply: | | | | it is employees or ex-employees who report |
| . The employee faces death or serious injury and | | | | fraud of a corporation because they have the |
| the hazard is so clear that a reasonable person | | | | most knowledge of internal operations. |
| would agree with the seriousness of the hazard. | | | | The law only protects one whistleblower-based |
| . The situation is so urgent that there is not time | | | | claim. The first to file based on specific |
| to eliminate the hazard through regulatory | | | | information about a particular fraud preempts |
| channels. | | | | other whistleblowers and their claims. In addition, |
| . The employee has tried to get the employer | | | | an employee cannot bring a whistleblower |
| tocorrect the dangerous condition and they have | | | | complaint if information about the fraud becomes |
| not complied. | | | | public before bringing a claim. |