Whistleblower Claims: Overcoming Common Legal Hurdles

Filing a whistleblower claim is a heroic act. You are protecting taxpayer dollars and promoting accountability in our nation's largest industries—but to do so takes courage and a fair amount of risk on your part.

We know that the hurdles involved in reporting fraud can seem daunting, but you don’t have to go it alone. Morgan & Morgan's Whistleblower Attorneys are committed to making sure that your bravery results in justice. You also may be entitled to compensation for providing information about fraud.

Our attorneys can help guide you through the filing process, and we know how to tackle any obstacle that may be holding you back. Below we outline some common hurdles you may encounter when filing a whistleblower claim, and how we can help you overcome them.

You’re Afraid of Retaliation:

This is a very real and understandable fear to have. Blowing the whistle on fraud can be a nerve-wracking experience, especially so if you’re worried about being fired from your job.

If you’re considering becoming a whistleblower, you should know that it is illegal for you to be discharged, demoted, suspended, threatened, harassed, or in any other way discriminated against for filing a whistleblower claim. Many federal and state whistleblower laws—like the False Claims Act—offer protections for whistleblowers from retaliation. 

If you are retaliated against as a whistleblower, an attorney can help you file a lawsuit against your employer to seek reinstatement and twice the amount of back pay.

Someone Else Reported the Fraud Before You:

The False Claims Act has a “first to file” provision, which could bar your claim if another whistleblower filed a case based on the same facts or evidence.

This is why it is important to file your claim as soon as possible. An experienced whistleblower attorney will also be able to help you understand whether your claim may be barred under the “first to file” rule. 

You Didn’t Witness the Fraud Firsthand:

Firsthand observation of fraud is not necessary to file a whistleblower claim. What is needed, however, is concrete and specific evidence of the fraud, which may include financial records, emails, or memorandums.

It’s important that any evidence you gather answers the following questions:

• What violation occurred?
• Who is perpetrating the fraud?
• When and where did the violation happen?
• How was the fraud perpetrated?
• Is the fraud ongoing?
• What are the implications of the fraud for the government/the public?

If you are still working on collecting evidence to support your claim, our lawyers can help you gather evidence to build a strong case.