If you are considering filing a whistleblower lawsuit, you should be sure to know what to look for in a good whistleblower lawyer. There are three main reasons to file a case: Protection from retaliation, Experience, and Compensation. The first of these is a history of previous cases. This will allow you to compare the experience of the attorney and the level of expertise of the lawyer. A whistleblower lawyer will be able to tell you whether your claim is viable.
Qui tam lawsuit
A qui tam lawsuit against a whistleblower lawyer Qui tam lawsuit can result in a substantial payout for the individual. Whistleblowers are protected under the False Claims Act (FCA), which prevents companies from retaliating against them for reporting fraudulent activity. In addition, qui tam lawsuits are allowed to seek attorney’s fees and costs in addition to the reward that whistleblowers receive for reporting fraud.
A qui tam lawsuit is filed against a whistleblower by an individual, usually an employee of the defendant company. This person files a complaint under seal and provides a copy of the complaint to the government. If the complaint is successful, the relator will receive compensation, which ranges from fifteen to twenty-five percent of the proceeds awarded to the government. In addition, the qui tam lawsuit will also take years to settle.
Protection from retaliation
The first thing to consider when determining whether an employer’s actions constitute retaliation is whether the employer is taking steps to impede the whistleblower’s legal rights. In some cases, employers are applying pressure slowly and hope the whistleblower will quit on their own. However, in other cases, a whistleblower’s employer may make hostile comments to isolate the whistleblower, chill engagement, or otherwise damage their reputation. Whistleblowers may have a case based on a reasonable belief that the whistleblower is exposing illegal behavior, but they do not have to be legal experts. This can be based on timing, shifting explanations, and evidence of related animus.
In some cases, retaliation is not immediate, but whistleblowers may still be able to file a claim under the False Claims Act if they are terminated from their jobs. In such cases, whistleblowers can report fraudulent conduct anonymously under certain laws. In such cases, the whistleblower’s identity is protected and the whistleblower’s allegations must fall under specific guidelines in the law.
Compensation
Although a whistleblower’s right to compensation in civil court may not exist in many states, the federal government’s Commodity Futures Trading Commission program does. Unlike the SEC and IRS programs, the Commodity Futures Trading Commission program requires whistleblowers to pay only minimal expenses. That’s good for the whistleblower and the attorney. But why is it so important to pay an attorney?
A whistleblower’s reward is proportional to the amount recovered by the government through the false claims act case. Depending on the size of the claim, the relator can receive anywhere between fifteen to thirty percent of the overall recovery. If the case relied on information gathered from other sources, the relator’s share may be lower, ranging from ten to twenty percent. Ultimately, the court decides how much the whistleblower will receive.
Experience
In pursuing a whistleblower case, it’s critical that the attorney you hire has experience in handling these types of cases. While you should not expect to retain the same attorney for years to come, you may be required to wait a few months. In the meantime, you can keep working with your attorney to provide additional information and clarifications. Sometimes, the government will decide not to pursue your case, but if they do, the whistleblower can continue working with their attorney.
To obtain a reward through a whistleblower lawsuit, you must be able to prove that the government is guilty of fraud. While there are many laws that protect whistleblowers, the Internal Revenue Service provides substantial monetary awards to those who report fraud. These awards are often a percentage of money recovered through enforcement actions or settlements. Other whistleblower laws allow you to sue a government contractor directly. These whistleblower lawyers are called Qui Tam attorneys and can help you file your claim.