Whistleblower cases require patience, persistence, and a clear understanding of the process. Unfortunately, these cases are typically not brief. From filing your initial complaint to receiving any potential award, the process can take several years, depending on the complexity of the allegations and the government’s involvement.
Filing Your Whistleblower Complaint
Before filing, it is essential to consult with an experienced lawyer who can help you draft a detailed complaint outlining the alleged misconduct. Once filed, your complaint is placed under seal, meaning it is not publicly visible while federal investigators review the allegations.
During this sealed phase, government attorneys examine documents, interview witnesses, and build a case. While federal law gives the government an initial 60 days to review, this phase often lasts one to four years due to the complexity of cases.
Factors Affecting the Investigation Timeline
Several factors can extend or shorten the investigation:
- The complexity and number of allegations.
- The volume of documents to review.
- Cooperation from involved parties.
- Available government resources.
Even one of these elements can extend the timeline by years.
When the Case Becomes Public
If the Department of Justice or another agency decides to intervene, they will file a notice to unseal the case, making it public and joining the lawsuit as a plaintiff. If the government declines, you may continue pursuing the case on your own with your attorney.
When Settlement Discussions Begin
Settlement talks can occur anytime after unsealing, sometimes even before formal litigation begins. Defendants may choose to negotiate early to avoid the uncertainty, expense, and publicity of a trial.
The Litigation Process
If settlement negotiations fail, the case proceeds through standard civil litigation, which includes:
- Discovery: Exchange of documents and depositions of witnesses.
- Motions: Legal requests to resolve issues before trial.
- Pretrial Conferences: Courts set schedules and discuss potential settlements.
- Trial: If no agreement is reached, the case goes to trial, which can last days or weeks.
Court schedules and case complexity can further extend this timeline.
Receiving Your Whistleblower Award
After a successful judgment or settlement, whistleblowers have 90 days from the public filing of the enforcement action to submit an award application. The government then assesses each whistleblower’s contribution. This award determination phase can take approximately two years.
Can You Speed Up the Process?
While you cannot control every variable, you can help keep your case moving by:
- Organizing Evidence Early: Provide detailed, accessible documentation from the start.
- Maintaining Communication: Respond promptly to lawyer and investigator requests.
- Being Patient but Proactive: Ask your lawyer for updates and realistic timelines.
- Choosing Skilled Counsel: Experienced whistleblower lawyers can navigate the process efficiently.
Protect Your Rights With a South Jersey Whistleblower Lawyer at The Law Offices of Leo B. Dubler, III, LLC
Taking on powerful entities can be overwhelming, but you do not have to do it alone. A South Jersey whistleblower lawyer at The Law Offices of Leo B. Dubler, III, LLC can guide you through every phase of your case to help you pursue the compensation you deserve. Call 856-235-7075 or complete our online form to schedule a free consultation. We have offices in Mount Laurel and Atlantic City, New Jersey.