|
Whistle blowing is a term for
disclosing wrong doing that a worker believes is evidence of gross
waste, illegality, abuse of power and danger to the public health and
safety. Thousand of workers witness wrongdoing at work. Most remain
silent. They decide that it’s not their concern; that nothing they can
do would improve things, or they can’t afford problems at work. Other
workers choose to speak out. They blow the whistle on illegal and
unethical conduct in the workplace.
When you are thinking of filing a whistle blowing
lawsuit, document the facts and work up the case properly. A whistle
blowing lawsuit can take from two weeks to three months or more to
prepare depending on the complexity and need to file the case quickly.
The whistle blowing lawsuit must be worked up in detail in order to
make sure that the case is solid. Moreover, a whistle blowing lawsuit
is filed under seal in federal court. This means that neither the
company the case is being filed against, nor anyone else other than the
government, is informed. Because whistle blowing lawsuit based on the
same or similar allegations cannot be filed more than once, it is
critical to file the case first. The team that is first to file the
case will be the only team that can pursue the case.
Typically, whistle blowing lawsuits settle for
double damages, meaning repayment of twice the amount of money that the
government overpaid due to the fraudulent actions of the company. If
the company does not settle, then the case proceeds just like any other
civil lawsuit, concluding in a trial. In short, it is only upon the
filing of a whistle blowing lawsuit and a subsequent settlement or
favorable judgment that enables a private party to receive a recovery.
In order to be eligible to recover money, you must file a whistle
blowing lawsuit. Merely informing the Government about the violation is
not enough. Furthermore, a plaintiff receives an award only if, and
after, the Government recovers money from the defendant as a result of
the whistle blowing lawsuit.
Whistle blowing lawsuits may save lives, money, or
the environment. However, instead of praise for the public service of
committing the truth whistleblowers are often targeted for retaliation,
harassment, intimidation, demotion, and dismissal and blacklisting. In
addition, beyond the risks of job loss and weak legal protection there
is also an emotional and mental price to pay for whistle blowing.
Friends may turn against you; co-workers may treat you as an outcast.
Hence, do not blow the whistle unless you are
prepared to follow through on your charges. It will be difficult to
stop in mid-stream and as a general rule it is better to have looked
the other way than to have blown the whistle half way.
|