Professionals typically do not take positions at companies with the expectation that they may become whistleblowers. Usually, they seek out jobs with reputable companies that offer them safe working conditions and competitive compensation. Unfortunately, some professionals eventually come to question the practices of their employers. A billing specialist at a medical business might notice alarming signs of fraudulent billing activity. A construction worker may realize that their employer has consistently violated workplace safety regulations.
Those professionals may eventually conclude that they need to speak up and become whistleblowers to protect themselves legally or physically from the threat posed by their employers’ conduct. Whistleblowers have certain protections under both state and federal law.
What activities might make a worker a whistleblower?
Notifying management of their concerns
Many whistleblowers report their concerns internally within the company. They notify management, human resources or a safety compliance officer about alarming details that they have noticed during their employment. In theory, their actions provide the business with an opportunity to correct the issue. Even reporting concerns internally can make a professional eligible for whistleblower protections against retaliation.
Reporting issues to regulatory authorities
There are a variety of different state and federal agencies that oversee many different industries. Concerned employees who have already attempted to report a matter internally or who strongly believe that leadership within the organization is aware of or actively participating in misconduct may decide to report their concerns to outside authorities. Communicating with regulatory agencies, such as the Occupational Safety and Health Administration (OSHA), can make a worker eligible for whistleblower protection.
Filing a qui tam lawsuit
Sometimes, whistleblowers notice economic misconduct in particular. They realize that their employer has engaged in inappropriate billing when submitting invoices for work to the federal government or making billing claims to government insurance programs. In such scenarios, concerned employees could file a qui tam lawsuit. A qui tam lawsuit is litigation brought by a worker against their employer under the False Claims Act. The worker acts as a relator suing on behalf of the government. If the lawsuit is successful, they may receive compensation based on the amount of inappropriately-billed funds recovered by the government.
Those intending to act as whistleblowers often need to assertively protect themselves throughout that process. Discussing whistleblowing activity with someone familiar with the law can help concerned employees limit their chances of losing their job or facing other forms of retaliation because they choose to do the right thing.