Whistleblower Attorneys
Learn Your Rights and Protections from our Whistleblower Litigation Lawyers
Speaking up about illegal or unethical practices in the workplace is never easy. However, utilizing state and federal whistleblower laws can help you if an employer retaliates against you.
The employment attorneys at Zipin, Amster & Greenberg have helped countless clients understand their rights and pursue whistleblower claims against their employers in Maryland, Virginia, and Washington, D.C.
Let us explain what you should know about whistleblower cases and what to do if you have been treated adversely due to whistleblowing.
What Is a Whistleblower?
An employee may learn of illegal, unethical, or unsafe conduct in their workplace. When the employee reports this conduct, they are figuratively “blowing the whistle” on it by drawing attention to what is occurring.
This whistleblower report of wrong conduct may be made internally (to supervisors or HR) or externally (to a government agency or law enforcement).
After the report is made, those who are responsible for the conduct often face negative results, such as legal consequences. This may lead them to retaliate against the person who reported their conduct.
However, federal and state laws have been enacted to protect the whistleblower from retaliation or other negative consequences after reporting the wrong conduct.
If you fear retaliation as a whistleblower or have already experienced it, let the whistleblower attorneys at Zipin, Amster & Greenberg help you.
Types of Whistleblower Claims
At the heart of any whistleblower claim is exposing illegal or unethical conduct.
This conduct often includes a violation of laws or regulations, misuse of public funds, health and safety violations, or gross mismanagement.
Common situations that can result in whistleblower claims may include:
- Workplace safety violations, such as OSHA violations
- Government fraud, such as misuse of taxpayer funds
- Healthcare fraud and abuse, such as Medicaid fraud
- Environmental violations, such as EPA violations
- Abuse of public authority
- Wage and hour violations
- Discrimination or harassment
To see the above situations in action, our whistleblower attorneys have provided these common examples:
- A healthcare worker reports Medicaid billing fraud and is fired two weeks later.
- An employee alerts OSHA to unsafe working conditions in a government building and is suddenly demoted.
- A finance professional reports financial violations and is harassed by management.
- A school teacher speaks out about misuse of grant funds and is put on administrative leave.
- An engineer refuses to falsify reports and is terminated.
Each of these individuals may have a valid whistleblower retaliation claim. If you need help filing a claim after making a whistleblower report, the employment attorneys at Zipin, Amster & Greenberg are ready to assist you.
Who Is Protected from Whistleblower Retaliation?
State and federal laws have been passed to prevent retaliation after a whistleblower report has been made, thus protecting and rewarding those who report wrongdoing.
Fortunately, you don’t have to be part of a public agency or a government employee to qualify for whistleblower protections. Instead, many laws apply to private-sector employees, independent contractors, and even job applicants.
Protections exist for whistleblowers who:
- Reported a suspected violation of law or regulation
- Cooperated in an internal or government investigation
- Refused to participate in unlawful activities
- Filed a formal complaint with a government agency
- Testified or plan to testify in a legal proceeding
However, each whistleblower law, statute, and protection has its own set of requirements. That’s why it’s essential to speak with our whistleblower attorneys to understand what protections exist for you.
Whistleblower Laws and Protections in Maryland
For years, our whistleblower litigation attorneys have used the various state and federal protections to help workers like you receive protection and pursue whistleblower claims against their employers.
Let us outline the protections for whistleblowers, starting with the laws in Maryland. These laws and legal precedents can be used to protect and even reward whistleblowers who are state, federal, and public employees.
- Maryland Whistleblower Law (State Personnel and Pensions § 5-301 to § 5-314)
This law protects state government employees who disclose violations of law, gross mismanagement, waste of funds, abuse of authority, or substantial public health or safety dangers. It prohibits retaliation, such as termination or disciplinary action.
- Maryland Fair Employment Practices Act (FEPA)
FEPA makes it unlawful for employers to retaliate against an employee who opposes or reports discrimination or who participates in an investigation, hearing, or proceeding related to discrimination.
This landmark Maryland case established a legal precedent for wrongful discharge claims after an employee sued their employer for violating public policy when firing them.
While these laws offer protections for employees in a variety of settings, there are still others that may be used by our whistleblower lawyers on your behalf.
Virginia Whistleblower Laws
Virginia has recently expanded the protections and rights for employees involved in making a whistleblower report, which includes the laws mentioned below.
- Virginia Whistleblower Protection Act ( Code § 40.1-27.3)
Effective July 1, 2020, this law provides whistleblower protections to all employees in the Commonwealth of Virginia.
It prohibits employers from retaliating against employees who report suspected violations of federal or state law, cooperate with law enforcement, refuse to engage in illegal conduct, or testify in investigations or proceedings.
The law also allows employees to sue for lost wages, reinstatement, attorney’s fees, and punitive damages.
- Virginia Human Rights Act (VHRA)
The VHRA protects employees who report or oppose discrimination based on race, color, religion, national origin, sex, pregnancy, childbirth, age, marital status, or disability.
If you need help filing a whistleblower claim in Virginia, our attorneys are ready to assist you.
Whistleblower Laws in Washington, D.C.
If you need to make a whistleblower claim in Washington, D.C., you’ll be happy to know that the District of Columbia provides some of the strongest whistleblower protections in the country.
- C. Whistleblower Protection Act (D.C. Code § 1–615.51 to § 1–615.59)
This protects government employees from retaliation if they disclose gross mismanagement, fraud, abuse of authority, or public health/safety violations.
This act prohibits retaliation against anyone who opposes discriminatory practices or participates in a discrimination investigation or lawsuit.
When you’re facing a situation that involves reporting wrongdoing in Washington, D.C., let our whistleblower litigation lawyers use these and other protections on your behalf.
Federal Laws and Protections for Whistleblowers
In addition to the state laws mentioned above, there are numerous federal whistleblower laws that can be used to protect workers across all jurisdictions:
- Whistleblower Protection Act (WPA)
The WPA prohibits retaliation against federal employees, former federal employees, and applicants for employment who lawfully disclose evidence of “a violation of law, rule, or regulation, gross mismanagement, a gross waste of funds, an abuse of authority or a substantial and specific danger to public health or safety.”
- False Claims Act (FCA)
The FCA provides a financial reward for employees or people with knowledge of fraud to disclose this information to the government and to assist in prosecution. Virtually anyone who knows of an instance of fraud may file a qui tam lawsuit, including employees, competitors, subcontractors, or clients.
- Sarbanes-Oxley Act (SOX)
This act protects employees of publicly traded companies who report corporate fraud, securities violations, or accounting misconduct.
- Occupational Safety and Health Act (OSHA)
OSHA provides broad protection for workers who report unsafe working conditions under 20+ different statutes.
This act provides significant protections and incentives for whistleblowers who report financial misconduct to the Securities and Exchange Commission (SEC).
While the federal protections listed above are often used to protect and reward whistleblowers, there are others that may also be used with your unique case.
Let the whistleblower lawyers at Zipin, Amster & Greenberg identify the various protections that can be used with your claim.
How to File a Whistleblower Claim
While the specific steps involved in filing a whistleblower claim depend on the applicable laws of your employer’s location, here are the general steps you should take:
1. Consult an employment attorney
Before taking any action, it is wise to speak with an attorney who understands the whistleblower laws in Maryland, Virginia, and D.C. and who can help you correctly take each step.
The attorneys at Zipin, Amster & Greenberg will help protect your rights from the beginning and ensure you follow the proper channels for your unique whistleblower claim.
2. Document everything
Keep detailed records of any evidence of wrongdoing, as well as any surrounding information that may be useful. This can include emails, text messages, memos, or any communications that show what happened, when, and by whom.
3. Report the misconduct
In many cases, it is better to speak with an attorney before you report the issue internally through HR or to a government agency.
4. File a formal complaint (if retaliated against)
Depending on your employer and location, you may file a whistleblower retaliation complaint with the appropriate agency.
This may be:
- The U.S. Department of Labor (OSHA)
- The Equal Employment Opportunity Commission (EEOC)
- Your state’s human rights or labor agency
- A court (for civil whistleblower lawsuits)
It’s important to note that deadlines for reporting can vary. For example, OSHA retaliation complaints must typically be filed within 30 to 180 days, depending on the statute.
While these steps are generally what is recommended, your case may be unique. Contact the whistleblower attorneys at Zipin, Amster & Greenberg to get the unique guidance you need to handle your whistleblower claim.
What Evidence is Needed for a Whistleblower Case
Strong whistleblower cases are built on clear and credible evidence. The more documentation you have, the better your chances of success.
Key types of evidence used in whistleblower cases include:
- Internal emails or communications reporting the misconduct
- Notes or logs documenting when and how you reported it
- Copies of the employer’s written policies (especially if you followed them)
- Witness statements or coworkers who can corroborate your claims
- Proof of retaliation (termination letters, demotion notices, lost wages)
- A timeline showing the correlation between your report and the retaliation
It’s important to remember that your evidence should demonstrate a reasonable belief of wrongdoing and that you suffered retaliation because of your report.
Our whistleblower lawyers can advise you as to what evidence may be available to you and how to acquire it.
Potential Rewards and Compensations for Whistleblowers
The state and federal laws and protections mentioned earlier reveal the seriousness of retaliation against employees who make a whistleblower complaint.
As a result, there may be compensations and even rewards for whistleblowers like you, depending on what occurred and where it transpired.
These compensations and rewards may include:
- Back pay – Whistleblowers may be able to recover lost wages due to wrongful termination or demotion after making the report.
- Front pay – Compensation may also be made to whistleblowers for future lost earnings if reinstatement to their job is not possible.
- Emotional distress damages – Whistleblowers may receive compensation for mental anguish caused by the employer’s retaliatory words, threats, or actions.
- Punitive damages – There may be additional damages that whistleblowers receive in order to punish the employer for their retaliatory conduct.
- Legal fees and costs – Whistleblowers may have their legal expenses and costs added to their settlement.
Let our employment attorneys help you anticipate what you may expect with your whistleblower claim, including potential damages or compensations you may receive.
Do You Need Help with Your Whistleblower Claim?
Whistleblower cases are not only stressful but are often uniquely complex due to overlapping laws, strict deadlines, and aggressive employer defense tactics.
Having a skilled whistleblower attorney on your side provides you with essential legal advantages in the whistleblower litigation process.
The whistleblower attorneys at Zipin, Amster & Greenberg bring decades of combined experience advocating for employee rights across Maryland, Virginia, and Washington, D.C.
Let us help you identify legal claims, file them under the right statute, meet critical deadlines, and achieve the best possible settlement as we guide you through each step of the whistleblowing process.
Contact Our Whistleblower Lawyers Today
The employment attorneys at Zipin, Amster & Greenberg have over six decades of combined experience helping employees in the Virginia, Maryland, and Washington D.C. area get workplace justice.
Let us evaluate your whistleblower litigation case, explain your legal options, and help you take the next step toward receiving the justice and compensation you deserve.
Get started today by filling out our contact form or call us at 301-587-9373.
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