The History of the Whistleblower

A Whistleblower is a person who reports their own company and/or supervisors to the governing authorities for conducting illegal or unsafe practices. Prior to 1970, these individuals were subject to retaliation that included harassment, bullying, demotion, and even termination. Because of this potential retaliation, employees were often too frightened to report any wrongdoings, and the practices were allowed to continue.

So, in 1979, the first Whistleblower Protection Act was passed by OSHA to help encourage the reporting of extreme wrongdoing in the workplace. As time progressed, more types of employees were added to those being protected. As of 1989, whistleblower protection extendedto federal workers as well.  Now, even those fired by the federal government have the right and the ability to hire a Whistleblower lawyer to help regain employment and obtain money for damages related to whistleblower retaliation.

The Importance of Whistleblowers

Many times, fraud can occur within a workplace for many years. Whether it be tax fraud, Medicaid/Medicare fraud,insurance fraud, embezzlement, Investment Fraud, payroll fraud, or other types of fraud, it may include the knowledge and help of upper management.  As a result, it will continue as no one is in a position of authority to bring an end to it.

Enter the Whistleblower. The Whistleblower is the employee that cares about the integrity of the company and the law and refused to be a part of the fraudulent activity. Perhaps the activity is detrimental to the government. Maybe it hurts the clients financially. It may even physically compromise the level of care the clients receive. The Whistleblower is willing to go over the head of their supervisors and upper management to ensure the integrity of their company or facility. And without the Whistleblower, the scheme may never come to light.

The Risk and Reward

In the past, many whistleblowers experienced extreme retaliation while others turned their back and allowed it to occur. In addition, no laws were in existence to protect them from this retaliation and no Whistleblower lawyers existed to help. Retaliation could be as simple as a demotion, however, many times it included assault, bullying, harassment, and even termination. As a result, people would not "rat" on their employers for fear of the consequences.

Eventually, the importance of the whistleblower was seen by the government and governing agencies. They knew whistleblowers needed to be protected and rewarded. It became illegal to retaliate against an employee for reporting wrongdoing. Not only was it illegal, but if an employee did experience retaliation, they had legal recourse, including reinstatement of employment and monetary damages. Employees knew they no longer had to fear doing what was right by their clients and their company.

While many employees are now protected if they are Whistleblowers, the stigma of being a "tattletale" still exists. It is important to understand the importance of the Whistleblower in today's society and the protections provided to them to help our businesses flourish legally and productively.

If you find yourself the victim of retaliation or have questions about your rights as a Whistleblower, contact our Whistleblower lawyers at Reynal Law at 713.221.1900 or andino@reynal-law.com.