Protections And Rewards For Whistleblowers

Posted on: 27 April 2021

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What Is a Whistleblower?

A whistleblower is someone who reports incidents to those who are in the position to do something about it regarding the following areas:

  • Corruption
  • Fraud
  • Waste
  • Dangers to the public

A whistleblower will generally be a part of the organization where the incident they are reporting took place, but this is not required to be considered a whistleblower. 

Whistleblower Protections 

Whistleblower Protection Act

The Whistleblower Protection Act, or WPA, protects employees and employee applicants who reveal information they believe points to:

  • A violation of laws or regulations
  • Mismanagement
  • Abuse of authority
  • Waste of funds

Retaliation from the accused is prohibited under this act, as well. 

Whistleblower Protection Enhancement Act

The Whistleblower Protection Enhancement Act, or WPEA, was put into place to strengthen the protections on whistleblowers. This act goes on to include whistleblowers do not lose their protection regardless if:

  • The report was made to someone who was involved in the incident
  • It's been a while since the reported incident took place
  • The report was made off the clock
  • The whistleblower had a motive for reporting
  • The incident has already been reported

The National Defense Authorization Act of 2013

The National Defense Authorization Act of 2013, or NDAA, made it illegal for an employer to demote or fire an employee who makes a protected whistleblower report. 

Whistleblower Rewards

False Claims Act

The False Claims Act requires whistleblowers to receive payment of 15 to 30 percent of any money the government collects if they assisted with the prosecution of anything relating to fraud in connection with government programs. 

Dodd-Frank Act

The Dodd-Frank Act requires whistleblowers to receive payment of 10 to 30 percent of any money the government collects if they assisted with the prosecution of anything relating to fraud in connection with security and commodities. 

IRS Whistleblower Law

The IRS Whistleblower Law requires whistleblowers to receive payment of 15 to 30 percent of any money the government collects if they assisted with the prosecution of anything relating to fraud in connection taxes. 

Rewards for Experiencing Retaliation

If an individual or organization somehow finds out the identity of the whistleblower, it's common for them to attempt to retaliate. Whistleblower laws, however, offer help to those who experience retaliation, including:

  • Reinstatement to former job if wrongfully dismissed
  • Coverage of attorney fee and court costs
  • Back pay of wages and benefits if wrongfully dismissed
  • Coverage of out-of-pocket costs
  • Pain and suffering damage pay
  • Front pay of wages and benefits while searching for a new job

For more information about whistleblower law, contact a whistleblower lawyer.