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How can you fight retaliation against whistleblowers?

Posted by Brad Ponder | Sep 13, 2021 | 0 Comments

Sometimes, workers in Washington, DC may find a reason to bring about whistleblower claims. If they suspect or know that fraud is taking place in the workplace, it's good to bring it to their employer's attention. Unfortunately, retaliation against whistleblowers happens too often. Employers should fight against this practice.

How can a business fight whistleblower retaliation?

Retaliation sometimes occurs against people who bring whistleblower claims to their employers. It can cost the whistleblower a lot of money and stress when they have to deal with financial losses, blacklisting and damage to their reputation.

There are laws in place to protect whistleblowers, but if a person is considering filing a retaliation claim, they must be in an industry that protects whistleblowers. While there aren't laws that aim to protect whistleblowers in the corporate sector, federal laws can protect those who report certain types of fraud.

Which laws protect whistleblowers?

There are a few main laws that protect whistleblowers. They include the following:

  • False Claims Act or FCA: This law protects whistleblowers who report fraud against the government.
  • Defense Contractor Whistleblower Protection Act or DCWPA: Whistleblowers who report gross wastes of funds or mismanagement of a contract, danger to public safety or health, violation of a contract or violation of a law are reported by this law.
  • Sarbanes-Oxley Act or SOX: This law protects individuals who report mail, bank, wire, securities or shareholder fraud.
  • Dodd-Frank Act or DFA: This law protects whistleblowers who report violations of federal securities laws.
  • Taxpayer First Act or TFA: This law protects those who report tax fraud or underpayment.
  • Consumer Financial Protection Act or CFPA: This protects those who report abusive, unfair or deceptive practices in regard to financial products or services.
  • Anti-Money Laundering Act or AMLA: This law protects those who report Bank Secrecy Act violations.

Whistleblower claims can be brought forth so the whistleblower who faced retaliation can recover damages. It might be possible to recover back pay through the DCWPA that includes the value of both pay and benefits if the person was terminated. Through the FCA, whistleblowers can recover double back pay. SOX also allows for special damages in addition to back pay.

If you're a whistleblower who was the victim of retaliation, you can fight back. The laws are on your side.

About the Author

Brad Ponder

Brad specializes in complex litigation, including class actions and mass torts in both state and federal court. He represents consumer and business owners in a variety of lawsuits, including class actions and high-stakes litigation against major corporations. 


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