Whistleblower Lawyer in Los Angeles, CA
If you have expressed concerns about workplace health or safety issues, fraudulent business practices, including violation of any federal, state or local law, you may be entitled to protection as a whistleblower. Allred, Maroko & Goldberg provides legal advice and representation to employees who have suffered retaliation for whistleblowing (also called Qui tam).
Understanding Whistleblower Protections and the False Claims Act
Whistleblowers play a crucial role in exposing fraudulent or illegal activity, particularly those involving false claims against the federal government. The False Claims Act (FCA), originally enacted in 1863, is a federal law designed to combat fraud by allowing private individuals, known as relators, to file lawsuits on behalf of the government against entities that submit false claims for government funds. These lawsuits, referred to as qui tam actions, enable whistleblowers to receive a portion of the recovered damages, typically ranging from 15% to 30%
The Role of a Los Angeles Whistleblower Lawyer
Navigating the complexities of whistleblower cases requires the expertise of a seasoned Los Angeles whistleblower lawyer. These legal professionals assist clients in understanding their rights under both state and federal laws, including the FCA. They provide guidance on the legal process, help gather necessary evidence, and represent whistleblowers in court proceedings. Given the potential for employer retaliation, such as wrongful termination or workplace harassment, having a knowledgeable attorney is essential to ensure protection and to pursue rightful compensation.
Recent Developments in False Claims Act Enforcement
The Department of Justice (DOJ) has been actively pursuing cases under the FCA to hold entities accountable for defrauding federal programs. In fiscal year 2023, the DOJ recovered over $2.68 billion from civil cases involving fraud and false claims against the government
Notably, the DOJ filed a lawsuit against Walgreens, accusing the pharmacy chain of filling millions of illegitimate prescriptions, including for opioids, over the past decade. The complaint alleges violations of the Controlled Substances Act and the False Claims Act
These actions underscore the government’s commitment to combating fraud and the vital role whistleblowers play in these efforts.
Challenges Facing Whistleblowers
Despite legal protections, whistleblowers often face significant challenges, including retaliation from employers. Retaliation can manifest as demotion, harassment, or even termination. Federal whistleblower laws, such as the Whistleblower Protection Act, and state-specific statutes in California are designed to shield employees from such adverse actions. However, the legal landscape is continually evolving. For instance, a recent ruling by U.S. District Judge Kathryn Mizelle declared the whistleblower provisions of the False Claims Act unconstitutional, arguing that allowing whistleblowers to exercise federal executive power without presidential accountability is unconstitutional
This decision could significantly impact the efficacy of the FCA and the protections afforded to whistleblowers, highlighting the importance of consulting with an experienced Los Angeles whistleblower attorney to navigate these complexities.
Protecting the Rights of Employees Reporting Illegal Activity
An attorney from our firm can advise you on all aspects of your whistleblowing rights, your options and the consequences related to accusations of:
- Wage/salary issues
- Occupational Safety and Health Administration (OSHA) violations
- Workplace safety
- Billing/accounting fraud
- Contract fraud/overcharging
- False claims/records
- Qui tam — “Qui tam” is a civil lawsuit alleging fraud against the federal government or federal contractors. Whistleblower cases under the Federal False Claims Act have unique protections and may involve the sharing of a recovery plus additional punitive damages.
We have represented many whistleblowers, including those who have suffered retaliation for expressing concerns such as patient safety, tax evasion, fraudulent billing practices, product contamination, and employee theft.
What Types of Illegal Activities May Qualify for Whistleblower Protection?
Virtually any public or private sector organization, as well as its management or employees, may commit a wide variety of crimes during the course of their business. Examples of situations in which whistleblowers may file a claim include:
- Failure to pay taxes
- Fraud or other irregularities in company finances, records or accounts
- Criminal acts against company employees or those outside the company
- Embezzlement or money laundering
- Requesting overtime pay or additional benefits
- Acts of fraud against suppliers or customers
- Concealment of safety concerns or violations
- Overbilling or billing for services that were not performed
- Demanding or receiving bribes or kickbacks
- Mortgage or insurance fraud
Unfortunately, employees who speak out against their employer’s illegal behavior can sometimes face retaliation, termination, demotion or the creation of a hostile or unpleasant working environment.
Will I Be Protected Against Retaliation?
Fortunately, any employee reporting illegal activity in the workplace is protected by the federal and state laws designed to encourage employees to oppose or protest against illegal activity without fear of reprisals such as termination, demotion or discrimination.
Contact Us Today to Protect Your Rights
Speak to an employment lawyer about your rights and options as a potential whistleblower. Our staff is available today at 323-746-1853 in Los Angeles or 646-992-2184 in New York to screen your case and make an appointment with the appropriate attorney.