Can I Get Whistleblower Protection?


Yes, you can get whistleblower protection in many cases, although not in everyone.

The False Claims Act and SEC Whistleblower Program both have provisions that, if you qualify, can protect you when you face job related retaliation for being a whistleblower or suspected whistleblower. (See 31 U.S.C. Section 3730(h) for FCA cases and 15 U.S.C. Section 78u-6(h)(1) for SEC matters.) There are also a whistleblower protection laws in a number of specific industries, such as banking, healthcare, transportation, environmental protection, nuclear power, etc. The IRS Whistleblower Program however does not have a whistleblower protection provision. In most instances, the remedy for whistleblower retaliation is monetary compensation, including up to two times back pay in some cases. But, it can also include reinstatement and other forms of monetary and equitable relief.

Usually, whistleblower protection applies when your employer terminates your employment (or demotes you, refuses to compensate you fairly or ostracizes you). It can also apply if your employer “black lists” you after you have left your job or if a subsequent employer fires you because they discovered you were a whistleblower during previous employment. You probably will not get whistleblower protection if a prospective employer refuses to hire you because they think you were a whistleblower in the past. However, this can vary depending on which whistleblower protection law applies and where your case is filed.

Sometimes you can reduce the likelihood of whistleblower retaliation by being anonymous. You will need to discuss with your lawyer whether this is desirable and possible in your case.

You may also be wondering, “Can I also get whistleblower immunity from government or civil lawsuits?” The answer here is also a qualified “yes.” If you were not the mastermind but were just following orders there is a good chance you will not be held personally responsible by the government.

Whistleblower protection does not automatically shield you from countersuits by defendants. This is another potential risk that you need to review with your whistleblower attorney.

 Whistleblower Law Team at: Phone: 800-777-0356 Email: info@wblteam.com

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