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.
