Before You Blow The Whistle...

By now, most readers know that our firm represented six whistleblowers who were awarded over a billion dollars in settlement monies. Since that time, we have received many calls from potential victims, as well as other attorney’s inquiring as to whether or not they have a legitimate case. Before you say I do to either becoming a whistleblower or representing one, there are a few things to think about.

First, let’s look at the legal definition of a whistleblower. A whistleblower is any employee or former employee that discloses wrongdoings within an organization that is evidence of fraud, illegal activities, corruption, gross waste, gross mismanagement and abuse of power or represents substantial and specific danger to public health or safety. There are several different types of whistleblowers too. One type, Qui Tam files under the Federal False Claims Act (FFCA) while the other type files under the Occupational Safety and Health Administration (OSHA). Only an attorney experienced in this area of the law can let you know what type of case you have.

Additionally, before you file it is important to ask yourself several questions. First, can the allegations be proven? This must be paramount since unsubstantiated accusations which cannot be proven can stall a case before it ever gets going. Second, ask yourself if the alleged wrongdoing is substantial enough to warrant the time, risks and costs. This is another important criterion when evaluating the validity of a potential case. Whistleblower cases can often take up to 10 years and can cost hundreds of thousands of dollars to litigate. Thus, it isn’t something one should enter into lightly. Third, assess possible impact the case may have on you or the client. Clients may pay a high emotional and mental price along with the loss of lifetime friends and the possibility of social isolation. Make sure you and your client are in the battle for the long haul.

I know it sounds as if we are discouraging individuals from coming forward or from moving ahead with their case. Nothing is further from the truth! We just know from experience that litigating these types of cases aren’t for the faint of heart. If you think you or your client might have a case but you want an expert opinion, let us know. We’ll be glad to help.