If you’re considering reporting illegal activity at work, you may feel scared, overwhelmed, or unsure about where to start. Many employees want to do the right thing but worry about losing their jobs, damaging their careers, or facing retaliation from supervisors.
Whistleblower claims often involve high-stakes situations, such as public safety concerns, financial misconduct, healthcare fraud, or government contract violations. These cases move quickly, and deadlines vary depending on the agency involved.
A Maryland whistleblower lawyer at Smithey Law Group can help you avoid mistakes, gather supporting evidence, and take action in a way that protects you. Speaking up takes courage, and you deserve support that makes the process safer and less stressful.
Employment Lawyer Handling Whistleblower Claims
Also Serving the Columbia, Frederick, Howard, and Anne Arundel Counties, Silver Spring, and Glen Burnie Areas
There are several laws that provide protections for employees who report their employers’ illegal activity. Joyce E. Smithey is an experienced Maryland employment law attorney who represents employees and employers in whistleblower claims and litigation statewide.
In the context of employment, the term “whistleblower” refers to an employee who reports an employer’s suspected illegal activity to the government. In order to encourage reporting of violations and to prevent employers from silencing their employees, several laws, including the federal False Claims Act, prevent employers from retaliating against employees who file whistleblower claims.
With well over a decade of experience representing employers and employees throughout Maryland, attorney Joyce E. Smithey brings a wealth of knowledge to pursuing whistleblower claims on behalf of employees and representing both employees and employers in disputes arising out of allegations of unlawful retaliation. Ms. Smithey takes a straightforward and open approach to represent her clients, seeking out efficient solutions that are custom-tailored to her clients’ unique individual circumstances.
Laws with Whistleblower Protections for Employees
While the False Claims Act is perhaps the most well-known statute that protects whistleblowers who file “qui tam” lawsuits against their employers, numerous other state and federal laws also provide whistleblower protections for employees. Some of these laws include:
- Affordable Care Act (ACA or “Obama Care”). The ACA provides whistleblower protections for employees who report violations such as discrimination based upon employees’ receipt of health insurance subsidies and denials of coverage based on preexisting conditions.
- Clean Air Act. Under the Clean Air Act, employers are prohibited from retaliating against employees who report emissions violations.
- Employee Retirement Income Security Act (ERISA). ERISA protects employees who report their employers’ violations with regard to plan participation restrictions and other forms of discrimination.
- Federal Water Pollution Control Act (the “Clean Water Act”). Similar to the Clean Air Act, the Clean Water Act protects employees who report their employers’ alleged violations with regard to polluting the water.
- Food Safety Modernization Act (FSMA). Under the FSMA, food manufacturers, distributors, packers, and transporters may not retaliate against employees who report violations of the Food, Drug, and Cosmetic Act (FDCA), or who refuse to participate in violations of the FDCA.
- Occupational Safety & Health Act (OSHA). The OSHA imposes various workplace safety requirements for private employers in different industries. It also protects employees who report safety and health violations, and who participate in OSHA investigations.
- Sarbanes-Oxley Act (SOX). The whistleblower protections under SOX include protections for employees who report alleged bank or securities fraud, violations of SEC rules and regulations, and other forms of shareholder fraud.
- Maryland Whistleblower Law. The Maryland Whistleblower Law protects certain state employees who report abuses of authority, gross mismanagement or waste of funds, substantial health and safety risks, and violations of the law.
This list is by no means exhaustive, and, as an employee, if you believe that you have experienced retaliation after reporting your employer to the government, it is important that you speak with a Maryland whistleblower attorney about your rights. For information on additional federal statutes containing whistleblower protections, you can visit Whistleblower.gov.
Common Examples of Whistleblower Claims
The fact that there are so many laws protecting whistleblowers means that there is a virtually endless list of violations that can lead to whistleblower claims. However, some types of violations are certainly more common than others. Some of the most common examples of whistleblower claims include those alleging:
- Discrimination and other ERISA violations. Employees may report discrimination tied to pension benefits, retaliation for questioning retirement plan practices, or violations that affect health plan protections and enrollment rights.
- Government contract fraud. This includes overbilling on government projects, falsifying compliance reports, misusing grant money, or failing to follow contract safety rules. Workers in defense, construction, and public infrastructure often encounter these issues.
- Healthcare billing fraud. (Including submitting false claims to Medicare, Medicaid, and Tricare), billing for services never provided, upcoding procedures to receive higher reimbursement, falsifying patient records, or pressuring staff to meet fraudulent billing quotas. Hospitals, nursing homes, and private clinics all face scrutiny under these laws.
- Securities law violations and shareholder fraud. These cases involve misleading investors, hiding financial losses, falsifying accounting documents, or manipulating reports to inflate stock value. Employees in finance, banking, and publicly traded companies often uncover these schemes.
- Violations of industry-specific laws and regulations. This includes safety violations in manufacturing, environmental breaches in waste disposal, transportation risks ignored by logistics companies, and food safety violations within production and distribution chains.
These examples represent only a portion of the issues whistleblowers bring forward in Maryland. If you witness something that seems dishonest, unsafe, or illegal, a Maryland whistleblower lawyer can help you determine if there is a claim.
Steps to Take If You Notice Illegal Activity at Work
When you notice something illegal at work, the actions you take in the first few days matter. Here are steps that help protect you and preserve your claim:
- Start a written timeline. Record what you saw, who was involved, and the dates of each event. This helps your lawyer understand the full picture and build a strong theory for your case.
- Save documents. Keep copies of emails, reports, messages, billing records, safety complaints, or instructions that support your concerns. These documents often become key evidence.
- Be cautious about discussing the issue at work. Discussing work-related matters with coworkers may put you at risk or allow management to misinterpret your words. Keeping your notes private protects your claim.
- Get legal guidance before reporting. Many whistleblower laws have their own filing rules and strict deadlines. A Maryland whistleblower attorney ensures you follow the correct process and stay protected.
These steps help create a record your lawyer can use to build a compelling, well-supported case.
How Whistleblower Claims Progress in Maryland
Every whistleblower case is different, but most follow a general path. Understanding each step helps you know what to expect. You start by noticing something illegal, unsafe, or dishonest at work. Once you decide to report the problem, the claim generally follows these stages:
- Filing a report. Whistleblower claims can be filed at both the state and federal levels, depending on which law was violated and which agency has authority over the misconduct.
- Initial review. The agency reviews your complaint to determine if it has sufficient information to proceed.
- Investigation. Investigators gather documents, interview witnesses, inspect the workplace, or request more details from you.
- Findings. The agency determines whether the evidence shows a violation and may issue penalties or order corrective steps.
- Government action. In cases involving fraud against public programs, the government may take over and pursue damages.
- Resolution. Your case may resolve through agency enforcement, settlement discussions, or litigation.
These steps provide a general overview of the process for handling whistleblower claims. The exact path depends on the type of law involved and your employer’s response.
Experienced Legal Representation for Whistleblower Claims
For employees and employers alike, whistleblower claims are extremely sensitive matters. While the legal protections for whistleblowers are broad, they are not absolute, and employees who fail to take the necessary measures to protect themselves can often face unexpected challenges when seeking to defend their rights. Conversely, for employers defending against allegations of improper retaliation against whistleblowers (including termination, demotion, and passing over for advancement), presenting a successful defense is fraught with issues that require careful planning and a strategic approach to litigation.
Contact Maryland Employment Law and Whistleblower Lawyer Joyce E. Smithey
At Smithey Law Group, clients work with a team known for litigation strength, thorough preparation, and respected leadership in Maryland employment law.
Attorneys at the firm have served in judicial clerkships, held leadership positions within Maryland legal organizations, and have been recognized by Best Lawyers, Super Lawyers, The Daily Record Power List, and other respected groups. This depth of experience gives clients strong guidance in high-risk whistleblower matters.
If you need a Maryland whistleblower lawyer for an employment-related whistleblower dispute in Maryland, contact attorney Joyce E. Smithey to arrange a confidential initial consultation. With offices in Annapolis, Ms. Smithey represents employers and employees statewide. To request an appointment, call Smithey Law Group LLC or submit a confidential consultation request online today.
Frequently Asked Questions
What If I Am Still Employed?
You can report misconduct even if you still work for the employer. Whistleblower laws protect you from retaliation such as firing, demotion, reduced hours, or harassment.
What If My Employer Asks Me to Stay Quiet?
Threats or intimidation may strengthen your claim. Do not sign anything or make statements without speaking to a lawyer.
Do I Have to Report Internally First?
Some laws require internal reporting, while others do not. Your attorney can help you choose the safest and most effective course of action.