A whistleblower claim occurs when an individual, often an employee, reports misconduct within their organization. These claims can span a wide range of issues, from financial fraud and health and safety violations to breaches of public trust.
Here are some fictional examples:
- Healthcare fraud: Suppose a nurse working in a hospital notices that the hospital regularly charges Medicare for procedures patients did not need or never received. This violates the False Claims Act (FCA), which prohibits submitting false claims to the government. The nurse could file a whistleblower claim, revealing the fraudulent billing practices and potentially leading to substantial penalties for the hospital.
- Safety violations: Consider an engineer at a manufacturing plant who discovers that the company is cutting corners on safety protocols to save money, thereby putting employees at risk. This could violate the Occupational Safety and Health Act, which requires employers to provide a safe workplace. The engineer could become a whistleblower by reporting these safety violations to the Occupational Safety and Health Administration (OSHA).
- Securities fraud: An employee in a publicly-traded company might uncover evidence that the company is manipulating its financial data to mislead investors about its financial health. This could violate securities laws the Securities and Exchange Commission (SEC) enforced. The employee could file a whistleblower claim with the SEC under the Dodd-Frank Act, which provides protection and potential rewards for whistleblowers who report securities violations.
Potential whistleblowers often grapple with the fear of retaliation, making anonymity a crucial concern. Can you remain anonymous as a whistleblower? The answer is complex and largely depends on the nature of the allegations, the specific laws involved, and the procedures adopted by the relevant enforcement agency.
Anonymity Under the FCA
The FCA is one of the most potent whistleblower provisions in the U.S. It encourages individuals to file claims against entities that have defrauded the government. Under this Act, a whistleblower, also known as a “relator,” files a lawsuit “under seal,” keeping their identity confidential during the initial stages of the investigation. However, once the government intervenes, the seal lifts, typically revealing the whistleblower’s identity.
Davis-Bacon Act and Whistleblower Protection
The Davis-Bacon Act governs wages on public works projects, where whistleblowers are critical in reporting violations. While the Act does not contain explicit provisions for anonymity, enforcement agencies have procedures to protect whistleblower identities to the extent possible.
Confidentiality Under the Dodd-Frank Act
In cases of corporate financial misconduct, the Dodd-Frank Act allows whistleblowers to report violations to the SEC anonymously, provided counsel represents them. The SEC has stringent rules to safeguard whistleblower identities and prevent retaliation.
The Challenges of Anonymity
Maintaining complete anonymity can present challenges. For instance, while anonymity may protect against direct retaliation, it can slow investigations or create difficulties in gathering additional evidence if the whistleblower cannot be contacted for further information.
Our South Jersey Employment Lawyers at The Law Offices of Leo B. Dubler, III, LLC Protect Whistleblowers
Your reputation and ability to secure employment after filing a whistleblower claim are essential. If you need legal help, speak with our South Jersey employment lawyers at The Law Offices of Leo B. Dubler, III, LLC. Call 856-235-7075 or contact us online to schedule your free consultation. Located in Mount Laurel and Atlantic City, New Jersey, we proudly serve clients in South Jersey, including Cherry Hill, Burlington County, and Camden County.