How a Whistleblower Lawyer Can Help
Whether you’re a whistleblower looking for a lawsuit, or a whistleblower who wants to stop a lawsuit, you should know your rights as a whistleblower. A whistleblower lawyer can help you protect yourself from retaliation and other penalties.
Qui tam lawsuits
Often, qui tam lawsuits involve retaliation against the whistleblower. If an employee is fired for reporting a fraud, he or she may be able to collect back pay, double back pay, and special damages.
Qui tam lawsuits are based on an ancient writ in common law. It was used in the Middle Ages to enlist the public to police violations of the law. It is one of the strongest methods for whistleblowers to fight fraud.
Whistleblowers may be employed by the government, or they may be private citizens who have knowledge of fraudulent activity. Qui tam lawsuits are filed on behalf of the United States and the whistleblower.
The False Claims Act gives whistleblowers the right to file lawsuits against companies that are found to have violated the law. Depending on the severity of the violation, the defendant may be required to pay back three times what the government would have lost for each false claim.
The whistleblower may have a reward of 25 to 30 percent of the total recovery. The amount of the reward depends on how much effort was put into the suit and what evidence was presented to the Justice Department. The whistleblower may be barred from receiving a reward if he or she is convicted of criminal activity involving the violation.
The False Claims Act also offers whistleblowers the right to retaliate against companies that have been convicted of fraud. Defendants found to have violated the law are required to pay penalties of $5,000 to $10,000 per false claim. This act has also been used to swindle money out of the federal treasury.
Qui tam lawsuits are one of the strongest tools for whistleblowers to fight fraud. In the past, qui tam lawsuits have been filed against fraud by Medicare, Medicaid, procurement, and other types of fraud.
Sarbanes-Oxley whistleblower protections
Despite the strong whistleblower protections provided by the Sarbanes-Oxley Act, many employees are unsure how to respond if they discover a questionable practice in the workplace. Some employees worry that they will be punished if they report their concerns to their superiors, and many employees feel pressured to report findings up the ladder. However, there are several important steps you can take to protect yourself.
If you are an employee or contractor of a publicly traded company, you may be eligible for Sarbanes-Oxley whistleblower protections. You may be able to sue your employer for retaliation under the Act, if you can show that your employer took an adverse employment action because of your protected activity.
To recover damages for retaliation under the Sarbanes-Oxley Act, you must file a complaint within 180 days of the date of the retaliation. Your complaint must include a reasonable belief that your employer’s practice was in violation of the SEC. It must also prove that your employer knew about your protected activity and that it took an adverse employment action because of your protected conduct.
You will be able to recover damages in court, including reinstatement of seniority and back pay, as well as damages for emotional distress and personal humiliation. You may also be able to recover attorney fees.
The Sarbanes-Oxley Act applies to all domestic public companies. It also applies to subsidiaries of those companies. These subsidiaries can be liable for retaliating against whistleblowers.
If you believe you have a Sarbanes-Oxley whistleblower claim, contact a lawyer immediately. Attorneys at Cashdan & Kane, PLLC in New Jersey and Washington, D.C., are experienced in litigating whistleblower claims. They are well-versed in the laws and will fight aggressively to protect your rights.
New York False Claims Act
Using a New York False Claims Act whistleblower lawyer can be a way for you to help fight back against fraud. If you suspect that a government agency has engaged in a fraudulent scheme, you may have information that could result in substantial rewards. These awards can come in the form of cash, or a share of a judgment or settlement.
The NY False Claims Act allows private citizens to sue on behalf of the state or city if they have evidence of fraud. Whistleblowers can file claims directly, or they can be designated by the City or State to do so.
The New York State False Claims Act allows for civil penalties of between $6,000 and $12,000 for each false claim. If the lawsuit is successful, the whistleblower will receive a percentage of the settlement. Generally, whistleblowers are entitled to 15-30% of the total amount recovered.
The New York False Claims Act has been a major breakthrough in the fight against fraud against the government. The Act has been used to bring major settlements against financial firms and Medicaid providers.
The New York State Attorney General has issued regulations to strengthen protections for whistleblowers. They protect whistleblowers from being dismissed from their job, and they close a loophole that could allow liable parties to escape paying treble damages.
The New York State False Claim Act has a 10-year statute of limitations. This means that whistleblowers have only a limited amount of time to file their lawsuit. It also means that the government can decline to pursue the case for reasons that are unrelated to the strength of the claim.
The New York State False claim Act can be used against individuals or large entities that have committed fraud against the state or city. These claims can be based on tax law violations or financial schemes.
Retaliation
Whether you’ve been fired for reporting a wrongful act or you’ve been subjected to workplace harassment, you need an experienced whistleblower lawyer on your side. A knowledgeable legal professional can help you win your case, and you may receive compensation for all your losses.
Employees who report misconduct to the Securities and Exchange Commission or the Department of Justice are protected from retaliation. A whistleblower may sue an employer for damages, including lost wages and attorney fees.
AnMed Health, an Albany, N.Y.-based health care provider, was convicted of a $17 million False Claims Act suit for falsely upcoding Medicare charges. Linda Jainniney, an oncology manager, raised concerns about the lack of a radiation oncologist and the hospital’s use of fake service claims to Medicare.
In another case, AnMed Health submitted fake service claims to Medicare. Sarbanes-Oxley Act protections for internal reports also apply.
In a case against Cardiovascular Systems, a former salesman for Cardiovascular Systems was awarded $22.4 million in punitive damages and $2.7 million in compensatory damages. The company was also fined $2.2 million for engaging in trades without effective client disclosure.
The Dodd-Frank Act and the Sarbanes-Oxley Act both protect employees from retaliation for reporting wrongdoing to federal agencies. Similarly, the Toxic Substances Control Act protects employees who report improper industrial chemicals.
The Sarbanes-Oxley Act also prohibits employers from requiring employees to sign confidentiality or pre-notification agreements. It is also illegal for employers to take action against employees who report violations of federal financial reporting laws.
Whistleblowers can also file claims under the False Claims Act, the Sarbanes-Oxley Act and Title VII gender discrimination laws. In addition, an employee may be able to recover punitive damages, including an award of two times the amount of back pay.
Cost of a whistleblower lawyer
Whether you are considering filing a whistleblower case or you are already involved in a case, you may be wondering how much it will cost. Often the cost is not prohibitively high. However, it is a good idea to consult a whistleblower lawyer to determine what your options are.
A whistleblower lawyer may be able to help you maximize your award. Some whistleblower laws offer rewards for original information, or for reporting a case of fraud. These reward programs can provide up to 30% of the recovered government funds.
A whistleblower lawyer can prepare a well-crafted application for award, and he or she can determine if you qualify for an award. A detailed application may make the difference between receiving a modest award and a huge payout.
Often, a whistleblower lawyer will work on a contingency fee. This means that he or she will be paid only if your case is successful. Often, the lawyer will perform a free initial review of your case.
In addition to a contingency fee, a whistleblower lawyer may ask the defendant to pay his or her own attorney fees if the case does not go in the client’s favor. This can be a significant risk. However, it can be worth it if the client is awarded a sizeable amount of money.
There are also several laws that offer “statutory fee” provisions. These laws require companies to pay reasonable attorney fees.
The Dodd-Frank Act, for example, protects whistleblowers from public companies and other industries by paying them a monetary reward for exposing fraud. The IRS Whistleblower Program paid $61 million in whistleblower rewards last year.
Whether or not you decide to file a whistleblower case, it is important to be aware of the law and the laws pertaining to attorney fees.
