FAQs

What is a whistleblower?

A whistleblower is someone who sees wrongdoing in a business, corporation, organization or governmental department and reports it either to other members of that group internally or to an outside source such as law enforcement, agency regulators or the media.

What is qui tam and how is it different?

Qui tam is a form of whistleblowing that involves misuse of federal funds, including fraud, by an individual or corporation. The citizen who first files such a claim may receive a part of any funds recovered from the offending party as a form of compensation.

Who are whistleblowers?

Often people who report illegal or fraudulent activity come from within the particular corporation, agency or department where it occurs, such as employees or heads of departments. They can also come from outside the offending group, and include former employees, private citizens, or others who have had dealings with the offenders like subcontractors or possibly watchdog groups.

What other types of activities do whistleblowers report?

Some activities include health care fraud by physicians, hospitals or other providers; unsafe construction practices by contractors; threats to public safety or health; or violations of federal environmental laws. Also, incidents of product substitution, price fixing and false benefit claims may be reported.

Are whistleblowers protected under the law?

Yes. Laws exist to prevent retaliation in the form of harassment, job termination or demotion. The first such law, the False Claims Act, was enacted during the Civil War to help fight against fraud by suppliers and contractors. Many laws have been enacted to provide specific protections, such as the one adopted in 2010 to protect those reporting fraud and illegal securities activities on Wall Street. Additionally, anyone investigating, testifying or assisting in a case or lawsuit is also protected.

What if someone does suffer retaliation?

The victim can bring a claim against the person or group instigating the retaliation, though there may be time limits involved. In certain state cases it may only be a matter of days or weeks, while in federal situations such as discrimination or provisions of the False Claims Act, the time may be nearly a year or up to six years. It's important to understand all the laws and protections involved in choosing to report illegal or fraudulent activity.

What about military whistleblowers?

Specific protection is in place guaranteeing the right of any military member to speak with any member of Congress.

How does the public react to whistleblowers?

The strongest reaction to whistleblowers may come from other employees of the company or agency reported for wrongdoing. They may feel the whistleblower is disloyal or even reporting wrong information; they may be afraid for their own employment security. The result is that a whistleblower, while legally protected from harassment, may be isolated or rejected by those he or she has previously trusted. Others in the public who are less directly involved may see the whistle-blower as brave or selfless, or express gratitude for bringing harmful activity to light.

What about state agencies or practices?

Laws vary from state to state, though some do have protections similar to federal acts in terms of wrongful termination or harassment. Again, understanding the individual rights of a whistleblower is key.