Whistleblowers and the Whistleblower Protection Act – Some Facts

1. Whistleblowers and the Whistleblowers and the Whistleblower Protection Whistleblower Protection Act Act - -Some Facts Some Facts Whistleblowers are protected by the Whistleblower Protection Act, and there are instances where the Act may or may not apply. MOS Legal Transcription Company 8596. 101st Street, Suite H Tulsa, OK 74133

2. A whistleblower is one who exposes any kind of information or activity that is illegal, unethical or not correct within an organization that is either private or public. Laws exist that protect whistleblowers. A whistleblower who has evidence of fraud in a government agency could use the federal or state False Claims Act to expose the fraud, recover money on the government’s behalf, protect himself/herself from improper retaliation and also share in the reward. As one of the digital transcription agencies assisting whistleblower attorneys, we can say that a whistleblower should ideally contact an experienced whistleblower attorney first to evaluate whether he/she has sufficient information to bring a False Claim Act case. This is because the rules are complex and whistleblowers may find it difficult to bring such a case without attorney assistance. Besides, an attorney will also help ensure that the whistleblower is protected from retaliation by the employer for reporting the fraudulent activity. If the employer chooses to retaliate, it could lead to a lawsuit and other challenging developments because the whistleblower is protected by the Whistleblower Protection Act. Whistleblower Protection Act (WPA) In 1989, Congress passed the Whistleblower Protection Act to “strengthen and improve protection for the rights of federal employees, to prevent reprisals, and to help eliminate wrongdoing within the Government.” There are two types of whistleblowers - federal whistleblowers and corporate whistleblowers. Federal whistleblowers are government employees who expose misconduct committed by their employers or they can also be private sector employees who reveal their employers’ misconduct in relation to the federal government. Corporate whistleblowers are employees of corporations or other private businesses who reveal statutory or regulatory violations by the employer. In case of wrongdoings, the government wants to bring forward the whistleblowers with the evidence of fraud they have, and they are rewarded. In 2012, President Obama and the Congress introduced the Whistleblower Protection Enhancement Act to strengthen and expand the rights and protections of the original Whistleblower Protection Act. The following are some of the key factors of the Whistle Blower Protection Act: www.legaltranscriptionservice.com 918-221-7810

3. Reporting fraud, corruption or any other law breaking activities covered by the Racketeer Influenced and Corrupt Organizations Act (RICO), the Whistleblower Protection Act, or state whistle-blower statutes. Publicizing company policies or practices that violate securities, antitrust or consumer protection laws. Reporting the gross mismanagement, waste or abuse of funds under the American Recovery and Reinvestment Act of 2009. Disclosing information about fraudulent activities within a publicly held corporation in violation of the Sarbanes – Oxely Act. Although whistle blowers are encouraged in the US, there are times when the Whistleblower Act may or may not protect the employee as it depends on various circumstances. Let us consider two examples: A case where the Whistleblower Act does not apply: Enrico worked for the US department of the Interior as a probationary maintenance worker. He contacted OSHA to complain that he and others had to make unsafe entries into confined spaces. But he lost his job in retaliation for contacting OSHA. The court said the department had to show it would have discharged Enrico even if he had not contacted OSHA. The court said it would consider the following factors: The department had solid evidence to support its discharge decision The department had treated others who were not whistleblowers more favorably under similar circumstances. There was any motive for agency officials to punish Enrico for reporting alleged wrongdoing The Interior Department argued that there were no other probationary employees who had not been retained for the same reason Enrico was discharged. Besides, the Interior Department said it had actually been receptive to Enrico’s complaints even before he went to OSHA and this was proof that they were not motivated to punish Enrico for bringing the problem to their attention. Moreover, OSHA did not issue a fine because the Interior Department fixed the problem when it heard about www.legaltranscriptionservice.com 918-221-7810

4. Enrico’s complaint. The department also stood by its position for discharging Enrico. The court then concluded that the Department of Interior would not have retained Enrico even if he had never contacted OSHA. A case where the law applies and protects the employee’s concern: Juanita and Melissa worked in a nursing facility Stockdale Residence and Rehabilitative Center. At a staff meeting, the women raised their concerns about a particular resident, who was a potential danger to other residents. Melissa became so concerned about the resident that she sought to have her banished from the facility because she had allegedly threatened to stab another resident with a butter knife. A week later both women were fired from the facility after another employee reported they had allegedly verbally abused the patient. Juanita and Melissa sued, asserting that as whistleblowers they were protected from retaliation. They said that if a patient is threatening another patient with violence, that threat is a danger to other patients. The nursing home claimed it fired the women for verbally abusing. But the court said that the women had a case and that their whistleblowing case may proceed. Employees’ Rights as Whistleblowers Employers en route to disciplining their employees who are whistleblowers must note the following. Employees have a legal right to blow the whistle without retaliation or harassment in the following instances. Reporting fraud, corruption or other forms of illegal activities covered by the RICO (Racketeer Influenced and Corrupt Organizations Act), or state whistleblower statutes. Revealing company policies or practices that violate laws related to securities, antitrust or consumer protection Revealing information regarding fraudulent activities within a publicly held corporation, in violation of the Sarbanes-Oxeley Act Reporting the gross mismanagement, waste, or abuse of stimulus funds under the American Recovery and Reinvestment Act of 2009 www.legaltranscriptionservice.com 918-221-7810

5. The WPA forbids employers from retaliating against their employees who are whistleblowers. Under the WPA, the employer must show that it would have taken the same action against the employee even if he/she had not blown the whistle. Digital transcription agenciesassisting whistleblower attorneys know that even if an employee has reported the fraudulent activity, he/she should consult an attorney. A good attorney will quickly understand the situation and help the whistleblower understand his/her rights and whether to bring an action. In addition, the attorney would also protect the whistleblower if the employer takes any retaliatory action. If the case is successful, the lawyer will also advocate for the whistleblower to obtain the maximum amount available under the law as the whistleblower’s award for revealing the fraud. www.legaltranscriptionservice.com 918-221-7810