Answering Questions About Whistleblower Protections
A qui tam lawsuit may be brought under the False Claims Act with the assistance of information provided by a whistleblower. Whistleblowers are individuals who expose acts of wrongdoing. For example, a chemist working for a pharmaceutical company might reveal evidence that the company concealed the unfavorable results from a clinical trial. Whistleblowers are afforded certain legal protections. If you have become aware of acts of wrongdoing, it’s in your best interests to speak with a civil rights attorney in San Jose, CA. You will need plenty of employment law advice to navigate the legal process and protect your rights.
What are protected disclosures?
Whistleblower protections are intended to encourage individuals to come forward with their knowledge of acts of wrongdoing or misconduct that are illegal. Protected disclosures also include actions that violate certain public policies.
How can employees make protected disclosures?
It’s strongly recommended that employees or other individuals consult a civil rights attorney before taking any actions. The lawyer will review the specifics of the situation to determine if the whistleblower should report the misconduct internally or to an appropriate government agency. Federal employees, for instance, may make a protected disclosure to their agency’s Office of Inspector General or to a member of Congress. They also have the option of having an employment law attorney file a complaint with the Office of Special Counsel (OSC). It is possible to make an anonymous protected disclosure; talk to your labor rights lawyer about protecting your identity.
What are prohibited retaliatory actions?
One common reason why potential whistleblowers hesitate to step forward is that they fear the possibility of retaliation. Retaliatory acts can indeed occur, but they are unlawful. If you believe you have experienced a retaliatory act after revealing misconduct, see your lawyer immediately. Deadlines do apply to filing complaints regarding retaliatory actions. Whistleblowers are protected from being demoted, fired, blacklisted, and denied benefits because of their actions. They are protected from retaliatory discipline, reductions in pay or hours, threats, acts of intimidation, and reassignments that affect promotions.