Whistleblower Law
A whistleblower is an employee, former employee, or member of an organization, especially a business or government agency, who reports misconduct to people or entities that have the power and presumed willingness to take corrective action. The misconduct may be a violation of a law, rule, regulation and/or a direct threat to public interest, such as fraud, health/safety violations, and corruption.
Whistleblower Law
The Whistleblower Protection Act of California authorizes the California State Auditor to receive complaints from state employees and members of the public who wish to report improper governmental activity. An “improper governmental activity” is defined as any action by a state agency or any action by a state employee directly related to the state government that violates the law, an Executive Order of the Governor, a Rule of Court, the State Administrative Manual or State Contracting Manual, is economically wasteful, or otherwise involves gross misconduct, incompetency, or inefficiency.
On the federal level, the 1986 amendments to the False Claims Act predictably have increased the number of whistleblower cases filed each year. In 2013, that number soared to 752 – 100 more than the record set the previous year. Since 2009, the Justice Department has recovered $17 billion under the False Claims Act – nearly half the total recoveries since the act was amended. In 2013 alone, the Justice Department secured $3.8 billion in settlement and judgment from civil cases involving fraud against the government.
While there have been substantial cases mounted by the Securities and Exchange Commission (SEC), the most publicized claims deal with Medicare and Medicaid overcharges. In 2013, the Justice Department announced that they had recovered $2.6 billion related to healthcare fraud. While this may be the largest area of recovery, qui tam cases run the gamut of types of fraud: underperforming on contracts, kickbacks, overcharges and other misconduct in almost all forms involving local, state and federal government.
Types of Whistleblower Claims
Whistleblowers are often in the news because of their willingness to speak out against improper conduct. If you have suffered retaliation for reporting misconduct, fraud, and other improprieties, contact an attorney for whistleblower cases today to investigate your claim.
Whistleblower lawyers are there to protect you by using their skills, know-how, and experience to fight for your rights.
Various types of whistleblower claims exist. Some of the claims a whistleblower protection attorney can support include the following:
- • Healthcare fraud, including Medicare and Medicaid
- • PPP Fraud
- • Pharmaceutical fraud
- • Government contract fraud
- • Fraud under federal and state False Claims Acts
- • Financial fraud
- • Securities fraud
- • Tax fraud and misconduct
- • Unsafe work practices
Audet & Partners have the resources and experience to help you pursue justice. Hiring a whistleblower attorney provides the services you need to defend yourself and maximize your settlement.
Contact our legal team to enlist a whistleblower protection lawyer today.
For more information on PPP Fraud, please visit the page linked here.
Forms of Whistleblowing
Whistleblowing can happen anywhere at any time. The forms of whistleblowing we address include the following:
- • Internal Whistleblowing – The most common form of whistleblowing involving employees or contractors reporting wrongdoing from within the organization.
- • External Whistleblowing – Reporting wrongdoing from outside of an organization. It may include a former employee reporting on a company’s actions or an investigator who has received information from within the organization.
- • Cyber Whistleblowing – This form of whistleblowing has grown alongside the increased risks posed by cybercriminals. These whistleblowing cases consist of issues like being hacked and deficiencies in encryption.
Whether you made regular reports on deficiencies within an organization and were ignored or fired because of your actions, we can help.
NOTE: Retaliation against a whistleblower is prohibited by law. Acts of prohibited retaliation include the following:
- • Firing or laying off
- • Demoting
- • Denying overtime or promotion
- • Disciplining
- • Denying benefits
- • Failing to hire or rehire
- • Intimidation or harassment
- • Making threats
- • Reassignment to a less desirable position or actions affecting prospects for promotion (such as excluding an employee from training meetings)
- • Reducing pay or hours
- • More subtle actions, such as isolating, ostracizing, mocking, or falsely accusing the employee of poor performance
- • Blacklisting (intentionally interfering with an employee’s ability to obtain future employment)
- • Constructive discharge (quitting when an employer makes working conditions intolerable due to the employee’s protected activity.
Why should you consider filing a whistleblower claim?
In our experience, many people are willing to file whistleblower and qui tam cases because they realize that a wrong has been committed and needs to be ‘righted.’ Without a whistleblower’s willingness to step forward, government corruption may go unaddressed, to the detriment of society as a whole, including every taxpayer.
Whistleblowers play a critical role in assisting the government to recoup stolen funds, an action that not only shields taxpayers but also ensures that perpetrators face due accountability. The process itself has an anti-retaliation provision to protect those who dare to speak out: U.S. laws shield whistleblower complaints from termination, demotion, or salary cuts, thereby encouraging more citizens to report illegal activities without fear. Moreover, the confidentiality and security measures in place ensure that whistleblowers’ identities remain protected and all sensitive information they provide is encrypted and transmitted securely during their False Claims Act case. By bringing to light evidence of wrongdoing, whistleblowers serve the public and the Department of Justice, safeguarding the principles of American democracy and the rule of law.
In addition, most qui tam statutes allow for a ‘reward’ system that allows the whistleblower to share in up to 30% of the government’s recovery. This whistleblower awards system is a critical recognition of the risks and efforts whistleblowers take when stepping forward. Specifically, under the Federal False Claims Act, successful whistleblowers—termed qui tam relators—have collectively secured over a billion dollars in rewards. Such substantial compensation highlights the essential role they play in upholding the law and reclaiming misused government funds. At Audet & Partners, we emphasize that these financial incentives not only provide well-deserved rewards for whistleblowers’ crucial contributions but also serve as a potent encouragement for others to report fraud. This reimbursement is key to enhancing the efficacy of whistleblower statutes designed to combat governmental fraud, ensure justice, and protect public resources.
Why hire a whistleblower lawyer at Audet & Partners, LLP?
If you’re searching for attorneys for whistleblowers, it’s crucial to find legal professionals who have a profound understanding of whistleblower laws. The attorneys at Audet & Partners, LLP have been involved with a number of important whistleblower and qui tam cases over the years. Our experience in complex litigation, along with our working relationship with many local and national governmental entities, provides us with a unique ability to present cases that are likely to be ‘accepted’ by the relevant governmental unit. In our qui tam cases, we spend a significant amount of time, energy and expense investigating any potential case. We use a high degree of discretion in only accepting cases that we believe will result in a recovery for the government, as well as our client.
If you are considering becoming a whistleblower or you simply have a question regarding your rights, you should contact us. Your case will be reviewed immediately by a lawyer for whistleblower cases who will clearly inform you of your options. As we also practice employment litigation, and as cases of this nature usually relate to employment issues, you will be provided the best advice regarding your best options regarding both your employment issues and any potential qui tam claim.
What a Whistleblower Attorney Offers
Protections for whistleblowing are not always clear or straightforward. In many cases, where you live can influence how well-protected you are and the acts under which you can claim. For example, California offers comprehensive protections for whistleblowers reporting on their employers.
Understanding what a top federal whistleblower attorney can do for you begins with grasping the ins and outs of what the law says and legal precedent. The best whistleblower lawyer is undeterred by multinational companies retaliating against whistleblowers because we believe the public has a right to be protected.
At Audet & Partners, you gain access to a diligent legal team with years of experience handling whistleblower cases. We are among the top whistleblower law firms operating out of California, fighting for justice nationwide.
Hiring a whistleblower attorney increases your chances of success and guarantees you will never leave any money on the table. Our team is unafraid to take your case all the way to a formal court trial, where we will pursue the maximum possible settlement.
Investing in a whistleblower claims attorney enables you to fight your case with the power of experts by your side. When our skilled legal counsel represents you, you will benefit from comprehensive legal advice tailored to your needs. Our team of qui tam whistleblower attorneys brings extensive knowledge and experience in handling similar cases, ensuring that you fully understand the nuances of your individual situation. This empowers you to make informed decisions, guided by our expertise, to best address the unique aspects of your case. When necessary, we leverage our network of industry contacts, whether in the pharmaceutical or the financial industry, to exploit the weaknesses in the opposition’s arguments.
Choosing whistleblower retaliation attorneys from Audet & Partners means choosing a legal team that can extract more compensation for the damages, loss of reputation, and mental anguish you have suffered by speaking out.
We are committed to protecting whistleblowers to the full extent of the law. Don’t fight alone. Work with a nationally recognized law firm now to get the support you need. Our suite of legal solutions will help you handle any whistleblower case, and we will make it our mission to ensure that you achieve the best outcome possible.
Whistleblower Attorneys Representing Clients in California and Beyond
At Audet & Partners, we believe that clients come first. Speaking out is an act of unspeakable bravery, and we believe those who do should be protected by a whistleblower attorney who truly has their best interest at heart.
As an attorney for your whistleblower case, we always make ourselves available to respond directly to your questions. Ensure your legal rights are protected with our experienced attorneys—available 24/7 to provide critical support and advice. Speak directly to an experienced lawyer, any time of the day or night, whether you have general questions or want to discuss the special circumstances of your case.
Our passionate legal experts are determined to help you pursue justice without worrying about your finances, which is why our whistleblower attorney fees are collected at the conclusion of your case and only to the extent that your claim is successful. Fight your case until the end with an attorney in California who can pursue your case, no matter how complex.
Find out if you have a case by contacting Audet & Partners and getting started!