No matter where you’re employed, you expect your employer or company to conduct business in a legal manner. In the event you notice misconduct or illegal activity, you have the right to report the information to the appropriate agencies.
Unfortunately, many employees who file those types of reports face retaliation. If you find yourself in a situation like that, a Charleston whistleblower lawyer can help.
DiPiero Simmons McGinley & Bastress, PLLC, is dedicated to protecting the rights of workers in West Virginia. In particular, we are committed to ensuring workers are free from discrimination, harassment, and retaliation. We recognize that employers who are already committing fraudulent activities could try to retaliate against any employee who wishes to hold them accountable.
That’s why we’re here to represent those employees and ensure their rights are upheld.
Understanding Who or What a Whistleblower Is
You’ve probably heard the term whistleblower in the news.
It’s often associated with scandals and illegal activity in the workplace. In reality, any employee could be put in a place where they witness illegal activity on behalf of their employer. If that happens and that individual exposes the information to government agencies, they are considered a whistleblower.
Career professionals who become whistleblowers may witness their employer violating laws that were put into place to protect employees, the environment, or the general public. There is a risk associated with being a whistleblower, which is why it takes great personal courage to hire a lawyer and provide information about the illegal activity.
Some of the most common types of fraudulent activities that whistleblowers report includes the following:
- Falsifying reports
- Overcharging the government for products or services
- Charging for products or services not provided, requested, or needed
- Securing a contract by means of bribes, misrepresentation, or kickbacks
- Providing defective, mislabeled, or different products or services that were previously agreed upon
- Medical coding violations
- Medicare or Medicaid billing fraud
If your complaint falls into a different category, your Charleston lawyer will be able to give you an idea of whether you have a claim to pursue. Valid whistleblower claims are taken seriously. A thorough investigation is conducted, and, depending on the situation, the lawsuit could go to trial.
Whistleblower Protections
According to OSHA, thousands of workers turned to federal protections to report wrongdoing. The top statutes for whistleblower complaints were:
- OSHA’s Section 11(c) with 2,309 filings
- Surface Transportation Assistance Act with 361
- Federal Railroad Safety Act with 134
- Sarbanes-Oxley Act with 106
Regardless of what happens or how it is reported, whistleblowers in the United States are protected from the following:
- Harassment and intimidation
- Threats
- Being firedor laid off
- Discipline
- Reduces wages and hours
- Blacklisting
- Reassignment or demotion
- Denial of benefits and overtime.
If your employer retaliates against you after you’ve disclosed information regarding illegal activity to the appropriate authorities, there is further legal action you can take.
Pursuing a claim successfully means understanding the laws that protect you.
Laws That Protect Whistleblowers in West Virginia
If you know your company is engaging in illegal activities and you’re hesitant to come forward because you are uncertain what it could mean for your future, it’s important to know that there are state laws in place to protect you.
Known as the whistleblower law, Article 1 of Chapter 6C of the West Virginia Code prohibits discrimination and retaliation by employers against an employee who makes a good faith report of wrongdoing or waste to an appropriate authority.
In addition to the state law, the federal Occupational Health and Safety Act also prohibits employment retaliation against employees who report violations. In the event an employer does not appropriately respond to whistleblower complaints, the employer could face legal liability under both state and federal law.
It’s important to understand that whistleblower lawsuits benefit the government, the reporting employee, and society.
If you believe you have information about a potential lawsuit, you could receive financial compensation for bringing that information forward. The government shares financial awards with whistleblowers because eliminating fraud helps to keep taxes down for all taxpayers.
What To Do If You Think You’re Facing Retaliation
It can feel unsettling when things suddenly change at work after you have spoken up. Sometimes, your hours get cut, you are excluded from meetings, or your boss suddenly starts writing you up for things that never seemed to be a problem before. Those shifts can be signs of retaliation, and you don’t have to accept it.
If this is happening to you, start by writing everything down. You want to keep copies of emails, schedules, or performance reviews that show there is a pattern of behavior. The more you document, the stronger your case becomes if legal action is necessary.
What should you do? Talk to a Charleston whistleblower lawyer right away. Retaliation cases can be complicated. You want someone in your corner from the start who knows the law. Always remember that you did the right thing by reporting misconduct, and the law is there to protect you.
With the right help, you can stand up to an employer who is trying to punish you for speaking out.
Pursuing a Whistleblower Lawsuit
If you plan to file a whistleblower lawsuit, it’s important to do so in a timely manner. Only the first person who files the claim will be considered by the Department of Justice and eligible for financial compensation. All whistleblower lawsuits are placed under seal, which means the case is confidential and information is not available to the public or media.
As a whistleblower, there are certain responsibilities you have to take care of and adhere to.
First, you should not discuss your case with anyone except your Charleston attorney.
The information you provide is classified as privileged and confidential, except when it’s needed to achieve closure of the lawsuit. This means that what you provide isn’t subject to disclosure by civil discovery, under the Freedom of Information Act, or by other legal processes.
Once the case’s evidence is reviewed, the seal will be lifted, and details of the lawsuit will be made public. During the investigation period, you are protected by confidentiality provisions. Your lawyer will explain the timeframes involved and how to make the best decisions for your case.
FAQs About Whistleblower Cases
Our Charleston whistleblower lawyer has answered the following most frequently asked questions:
Can I file a whistleblower complaint without anyone knowing it’s me?
Many complaints are filed “under seal.” That means your identity is kept private during the investigation. However, your name may come out if the case moves forward, but your lawyer can help keep your information protected as long as possible.
What kind of proof do I need to make my case?
Anything that shows that can back up your story, such as emails, reports, billing records, or meeting notes. Don’t worry if there is no smoking gun. Your personal observations still matter and can carry a lot of weight.
What if I reported something in good faith, but it turns out I was wrong?
You are still protected. Whistleblower laws are designed to shield people who make honest, good-faith reports, even if the investigation does not prove misconduct.
How much time do I have to file a retaliation claim?
The deadlines are pretty strict, and they vary depending on the type of claim. Some are as short as a few months. You will want to reach out to a lawyer as soon as you suspect retaliation.
Do whistleblowers really get financial rewards?
This will depend. If your information helps the government recover money from fraud, you could receive a percentage of that recovery.
Talk to a Charleston Whistleblower Lawyer
At DiPiero Simmons McGinley & Bastress, PLLC, we recognize the courage it takes to report fraud and other illegal activities in the workplace—especially where there is the threat of intimidation, retaliation, and unneeded stress. That’s why a Charleston whistleblower lawyer from our firm is prepared to help you navigate this complicated process and ensure that your legal rights are upheld the entire time.
To learn more about the protections afforded to whistleblowers or what you can do if your employer has retaliated against you, schedule a consultation with our firm today.
We’ll review your situation and determine how best to proceed based on your unique circumstances.
