Whistle Blower and False Claims Law

“Whistle-blowing” is the disclosure by an individual, usually an employee in a government agency or private company, to the public or to those in authority, of mismanagement, corruption, illegality, or some other wrongdoing on the part of the agency or company.  Since the 1960s, the public value of whistle-blowing has been increasingly recognized. For example, federal and state statutes and regulations have been enacted to protect whistle blowers from various forms of retaliation. Even without a statute, numerous decisions encourage and protect whistleblowing on grounds of public policy. In addition, the federal False Claims Act will reward a whistle blower who brings a lawsuit against a business or organization that makes a false claim or commits fraud against the government.

People who take on the role of whistle blowers are often the targets of reprisals by their employers. Often the employer will fire or otherwise dismiss the whistle blower, who is often an at-will employee. An at-will employee is a person without a specific term of employment. The employee may resign at the time of his or her choosing, and the employer has the right to terminate the employee without having to cite a reason. However, courts and legislatures have created exceptions for whistle blowers who are at-will employees.

Whistle-blowing statutes protect employees who have initiated an investigation of an employer’s activities or who have otherwise cooperated with a regulatory agency in carrying out an inquiry or the enforcement of regulations from being fired.  Mueller Hillin specializes in whistleblower and false claims cases in Philadelphia, Atlanta, Houston and Austin.