How To “Blow the Whistle”

In my previous post, titled “Whistleblower 101”, I discussed some basic facts about, among others, what a whistleblower is and why someone might engage in “whistleblowing”. Reasons provided ranged from exposing criminal and unethical behavior for the good of society to making a small fortune in the process. Today we will get into exactly what steps must be taken to “blow the whistle”.

As a brief recap, a whistleblower, in a broad sense, is one who speaks out against an illegal or unethical practice performed generally by a company. In order to qualify as a whistleblower, an individual (note: need not be an employee of such company, can be accountant, CPA, contractor or subcontractor) must have first-hand knowledge and the company’s conduct generally must be fraudulent, willful or at least grossly negligent.

As with many laws, most whistleblower laws also explain the specific process of how to blow the whistle in the text of the law. Below are three examples of common whistleblower laws and a brief overview of what each law requires in order to begin to pursue a successful whistleblower claim. To read more, please go to http://i-sight.com/compliance/3-ways-to-become-a-whistleblower/ where I write regularly on employment and whistleblower matters.

Whistleblower 101

Whistleblower cases have skyrocketed in the past few years. To the layperson, which is a fancy word for “non-lawyer”, simply stated, whistleblowing is speaking up against activity that one reasonably believes is either against the law, a regulation or a public policy. The definition varies depending on state laws as well as various federal laws. Very often an individual will be protected if s/he “blows the whistle” properly and the conduct which was the subject of the whistleblowing is protected, i.e., the law protects the person. This encourages whistleblowers to come forward, along with some financial rewards for doing so, discussed below.

With the Coronavirus Pandemic, COVID-19, businesses have been struggling to make ends meet and retain employees. The government has put together a loan program, combination of forgivable and unforgivable loans, “I will never forgive you” LOL! Pursuant to the paycheck protection program or “PPP”. As a result, many companies have obtained government money illegally, lien on loan applications regarding financial condition and filling failing to meet eligibility requirements, in addition to other conditions of receiving the money for example, retaining employees and using the money to “protect their paycheck”

Another type of rampant Fraud as a result of Covid is companies offering free COVID-19 and free antibody tests to low income and elderly individuals, using their personal financial and health information, seeking reimbursement from government programs including Medicare and Medicaid. The problem is, in many of these circumstances, these tests and “add-ons” are not covered by Medicare or Medicaid and are rejected, leaving the individual with an exorbitant bill often thousands of dollars. This type of activity is fraudulent and intentionally prays on our most vulnerable citizens. These companies are contacting people through text message, emails, phone calls, and in-person, being viewed only as a number and profit.

The government is extremely interested in learning about these companies and is willing to share money they recover, governed by statute, as a result of Whistleblower Activity, if the complaints are made the right way. We can help with that.

Examples of other laws that address whistleblowing include the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd Frank”), the Sarbanes-Oxley Act (“SOX”), the False Claims Act ABOVE EXAMPLE and the New Jersey Conscientious Employee Protection Act (“CEPA”).

Many of these whistleblower laws have anti-retaliaton provisions in them as well. As noted above, the anti-retaliation provisions of whistleblower laws allow a whistleblower to bring a claim against the company for retaliating against them. Such claims can be brought in state court, federal court or under various whistleblower programs. Depending on the nature of the complaint, it is important to work with a whistleblower attorney who knows how long a person has to “blow the whistle”, in what forum to do it, e.g., federal court and the United States Attorneys Office, state court, the Occupational Safety Health Administration (“OSHA”), or the Internal Revenue Service.

For related content, check out https://jaredjacobsonlaw.com