Government Employees & Contractors

Anti-Retaliation Laws to Protect Whistleblowers

Many federal and state laws protect government employees and employees of government contractors who blow the whistle on fraud against federal and state governments, gross waste of government funds and other abuses and misconduct. 

These laws vary in terms of whom they protect, the requirements forbringing a claim, and the remedy they provide to whistleblowers who have suffered retaliation. These are some of the more widely used laws:

• Whistleblower Protection Act (WPA) for Federal Employees
  Under the WPA, a federal agency and its supervisors may not take, or threaten to take, an adverse personnel action against any employee or applicant because of his or her disclosure of information about what he or she reasonably believes to be: a violation of a law, rule or regulation; gross mismanagement; gross waste of funds; an abuse of authority; or a substantial and specific danger to public health or safety. In addition to the WPA, federal employees who face retaliation for complaining about specific types of conduct may have whistleblower protections under other federal statues, such as the laws governing nuclear power or environmental pollution.
   

• District of Columbia Whistleblower Protection Act (DCWPA)for Employees of D.C. and its Contractors
  The DCWPA protects D.C. government employees, as well as employees who work for businesses that provide Medicaid or other services to the District, who report: a violation of a federal, state or local law or regulation; a violation of a material term of a contract between D.C. and a private contractor; gross mismanagement; abuse of authority in the administration of a public program or contract; gross misuse or waste of public resources; or a substantial and specific threat to public health or safety. The DCWPA covers nearly all D.C. government entities, including the Metropolitan Police Department and the Trustees of the University of the District of Columbia.
  
  Click here to learn more about whistleblower protections for employees of the District of Columbia.
   

• False Claims Act Retaliation Claims: Protection for Reporting Fraud on the U.S. Government
  The FCA not only allows individuals to bring qui tam suits, and also protects whistleblowers who investigate or try to stop fraud on the U.S. government. Under the FCA, an employer may not discharge or otherwise retaliate against such a whistleblower. An employee is not required to show that his employer actually made false or fraudulent claims for payment from the government. Rather, an employee must show that he or she is investigating or reporting matters that could reasonably lead to a meritorious qui tam case.
  
  Click here to learn more about whistleblower protections for employees who report fraud in connection with government contracts or grants.
   

• Protection for Defense Contractor Whistleblowers
  Each year, the federal government pays billions of federal dollars to private defense contractors to perform services ranging from technical support to embassy security. Employees of defense contractors who blow the whistle on illegal conduct by their employers are entitled to protection under federal law from retaliation by their employers. To be covered by this law, an employee must disclose information that he or she reasonably believes provides evidence of gross mismanagement of a Department of Defense (DoD) contractor grant; gross waste of DoD funds; a substantial and specific danger to public health or safety; or a violation of law related to a DoD contract (including the competition for or negotiation of a contract) or grant.
  
  Click here to learn more about whistleblower protections for employees of defense contractors.
   

• The McCaskill Amendment: Protection for Whistleblowers Under the American Recovery and Reinvestment Act of 2009
  The American Recovery and Reinvestment Act of 2009 provided $499 billion in spending of federal taxpayer dollars. It also included important provisions to monitor and oversee that spending. The McCaskill Amendment encourages whistleblowing by employees of private contractors and state and local governments that receive stimulus funds by providing protection to those who report fraud, mismanagement and waste of government stimulus funds. As with the WPA and the defense contractor whistleblower provisions, only certain types of reports are protected, and the disclosures must be made to one of a list of relevant government officials or to a court or grand jury.
  
  Click here to learn more about whistleblower protections for those who report fraud or waste related to funds from the American Recovery and Reinvestment Act of 2009.

Why Hire KMB for Your Whistleblowing Case?

The attorneys of Katz, Marshall & Banks have successfully represented government employees and contractors who have suffered retaliation for blowing the whistle on misconduct by their employers. If you have blown the whistle on illegal activity and are experienced reprisal, contact the experienced lawyers at Katz, Marshall & Banks, LLP. Your communications with us are confidential and without charge or further obligation.