A Guide to Whistleblower Lawsuits
An individual that brings suit against an authority that committed fraud on behalf of the government is what a whistleblower does.
Like, when a healthcare employee reports that the other employers are exaggerating the claims on the time spent on medicare, this is valid since the government is clearly lied to. On the other hand, it won't be a valid whistleblower lawsuit if the government is not affected in the scenario.
For clearer explanation, another whistleblower action is when an employer from a firearm manufacturer reports to the government about the deliberate supplying of defective equipment to the military.
Whistleblower lawsuit are derived from the latin word qui tam wihich is a writ in which an individual whose identification is kept in secrecy will aid in a legal trial but will still receive half or all of the penalty that will be imposed.
These whistleblower cases are categorized under the Federal False Claims Act, in this certain categorization such claims of the government are done, this also depends on the country or the state such as in Illinois wherein they have Whistlblower Reward and Protection Act.
As stated earlier, the individual who assisted with the prosecution or the whistleblower itself will attain a part of the penalty the offender will have to recompense the government. If it is categorized under Federal False Claims Act the penalty to be given to the whistleblower will range 15-25% portion from the whole penalty received by the wrongdoer, but if it is categorized under state statute, the penalty to be given to the whistleblower will range 10-30% from the whole penalty received by the wrongdoer.
Each state have regulations that contain presentations that safeguard the whistleblower in any potential harm made by the employer he or she has exposed. In cases of suspension, demotion, harassments of threats made against the whistleblower, help will be given by the government, but of course this is in accordance to the regulations made by that act.
An attorney to represent your case is required for your claim to be put into action, this is under the Federal False Claims Act, and other laws too. Qui Tam or Whistleblower cases involve intricate plans and actions therefore hiring a good lawyer are very important for a successful legal process. The federal and the state regulations require to first serve the complaint to the government and not the defendant, this will determine if the government wants to make further action with this case. In the event that the government does not want further action, the sec whistleblower may still proceed with the case.
The rate charged by most attorneys handling this types of cases are not on hourly but on contingency. Therefore, if you win, the attorney will gain part of what was bargained.