When you see corruption, discrimination, or dangerous conduct at work, you may face stressful questions. Do you stay silent and protect your job? Do you speak up and risk retaliation? The good news is that you do not have to choose between your livelihood and doing the right thing. Whistleblower laws exist to protect employees who report illegal activity.
At Smithey Law Group LLC, we represent employees from all walks of life who want to report unlawful conduct safely and strategically. As an award-winning whistleblower attorney in Virginia, our firm can help you understand your rights, protect your career, and pursue rewards under federal and state law.
Several Laws May Protect You
Whistleblower laws exist to protect individuals who report unlawful conduct. If an employer retaliates against you for making a proper disclosure, you may have the right to seek damages. Some whistleblower laws also provide financial rewards to those who expose financial wrongdoing.
Depending on your situation, your claim may fall under:
- Federal whistleblower statutes,
- Virginia whistleblower laws,
- Anti-discrimination or retaliation laws, and
- Federal reward programs.
Each law has different procedures and remedies. A Virginia whistleblower attorney can help you choose the right path from the beginning.
Who Is Protected Under Whistleblower Laws?
There are state and federal laws that protect only government employees, while others protect employees in general or those in the private sector.
General Protections and Protections for Private Sector Employees
Protections that may apply to private employees and some government employees include:
- The Occupational Safety and Health Act (OSH Act)—protects employees who report unsafe working conditions;
- The Consumer Financial Protection Act (CFPA)—protects employees who report violations of federal rules regarding consumer financial products;
- Virginia’s general whistleblower protection law—protects employees who report violations of federal or state law to a supervisor or government body, and those employees who refuse to engage in unlawful acts;
- The Sarbanes-Oxley Act (SOX)—protects employees affiliated with publicly traded companies who report financial crimes, including securities fraud;
- Federal and state wage laws—protect employees from retaliation for reporting their employers’ wage violations or participating in wage violation investigations;
- The FDA Food Safety Modernization Act (FSMA)—protects employees in the food industry who provide information about violations of the Food, Drug, and Cosmetic Act;
- The Clean Air Act (CAA)—protects employees who report emissions violations;
- Federal anti-discrimination laws enforced by the U.S. Equal Employment Opportunity Commission (EEOC)—prohibit retaliation against individuals who report or help with claims against discrimination based on race, color, religion, sex, gender, national origin, age (40 or older), or disability; and
- The Anti-Money Laundering Act (AMLA)—provides protection for reporting certain financial crimes.
The above-listed laws are just a snapshot of the many that can protect employees in the federal and private sectors. Speak to our knowledgeable Virginia whistleblower attorney about your options for fighting whistleblower retaliation in your workplace.
What Protections Exist for Government Employees?
Some rights of government employees overlap with those of the private sector. But commonwealth and federal laws also provide distinct protections for government workers.
Virginia Government Employees
The Virginia Fraud and Abuse Whistle Blower Protection Act protects commonwealth employees who report fraud, abuse, waste, or wrongdoing within Virginia government agencies. Employees cannot enjoy these protections unless they:
- Make their report in good faith, and
- Base their report on a reasonable belief that the information is accurate.
The law may not protect an employee who reveals confidential information or an employee who makes a report out of malice.
Federal Government Employees
Federal employees may have protection under the Whistleblower Protection Act of 1989. The Act protects employees who expose:
- Corruption,
- Abuse of authority,
- Waste,
- Dangers to public health or safety, and
- Illegality.
If you are a government employee with concerns about unlawfulness in the workplace, you may have to follow specific procedures to make a valid and protected complaint. You should consult our whistleblower attorney in Virginia before filing any complaint to protect your rights and interests.
What Counts As Protected Activity?
Depending on the whistleblower law that applies, protected activity may include:
- Reporting illegal activity to management,
- Assisting in an investigation against an employer,
- Refusing to participate in illegal conduct, and
- Reporting illegal activity to the authorities.
In many cases, you must reasonably believe the conduct you report or disclose violates the law. Timing, documentation, and how you report information matter. Speak to us as soon as you notice unlawfulness in your workplace. Our Virginia whistleblower lawyer can help you remain protected at every step.
What Remedies and Rewards Are Available?
If your employer punishes you for making a protected disclosure of workplace misconduct, you may be able to seek legal remedies. Depending on the type of unlawfulness you expose, you may also be entitled to a financial reward.
Anti-Retaliation Remedies
If your employer retaliates, you may recover:
- Reinstatement,
- Back pay,
- Front pay,
- Compensatory damages,
- Attorney fees and costs, and
- Punitive damages to punish egregious behavior.
We can help maximize your damages and seek relief through litigation or negotiation.
Whistleblower Rewards
Several federal laws provide significant financial awards to individuals who expose crimes, including:
- The False Claims Act. Under this act, whistleblowers might receive a portion of the government’s recovery.
- Federal tax laws. The IRS Whistleblower Office may award tax whistleblowers between 15% and 30% of the proceeds collected.
Each program has strict filing requirements and deadlines. A Virginia whistleblower lawyer can help you handle them all.
The Stakes and Impact Are High
Whistleblowers help:
- Recover taxpayer funds,
- Protect investors,
- Keep the public safe from contaminated products and pollution,
- Improve workplace safety,
- Stop discrimination, and
- Prevent financial crimes.
Your courage can create real change, and the law supports that.
How Can a Whistleblower Attorney in Virginia Help?
As a whistleblower, what you do to expose misconduct can help us all. As you step forward with courage and integrity, having a skilled guide can be crucial. An experienced whistleblower attorney can guide and protect you by:
- Identifying all whistleblower protection laws that may apply in your case,
- Giving sound advice to safeguard your livelihood and interests,
- Gathering the best evidence to maintain your claim and maximize your damages,
- Advising you on potential risks and how to avoid them,
- Properly filing claims that comply with federal or Virginia law, and
- Pursuing all available damages and statutory rewards.
We understand that the stakes are high in a whistleblower case and work hard to safeguard your interests.
Talk to a Virginia Whistleblower Attorney Before You Act
In a whistleblower case, timing, evidence, and strategy matter. If you are considering reporting unlawful workplace activity, speak with us first.
At Smithey Law Group, our top-rated team is a leader in the legal community. We help clients understand their rights and get the most out of their cases. Please call us or use our website to schedule a consultation.