Jay P. Holland, Esq.Jay P. Holland, Esq.2025-03-31T12:34:16Zhttps://www.hollandmaloney.com/feed/atom/WordPress/wp-content/uploads/sites/1201228/2019/10/cropped-Favicon-32x32.pngOn Behalf of Jay P. Holland, Esq.<![CDATA[How to File a Whistleblower Complaint]]>https://www.hollandmaloney.com/?p=461332023-06-30T06:38:31Z2019-08-16T07:33:26ZAre you considering filing a Whistleblower Complaint?
In general, employers are legally granted protection from workplace retaliation, meaning that an employer cannot take adverse action against workers for a number of reasons, including: firing or laying off, blacklisting, demoting, denial of benefits, making threats or reducing pay or hours.
Whistleblower Protection Act
Since 1989, the Whistleblower Protection Act has protected federal whistleblowers who report government agency misconduct. If an agency takes or threatens to take, retaliatory action against an employer, they have violated the Whistleblower Protection Act. If you believe that your employer has
violated the act, you have the right to speak with a qui tam attorney who can help you file a complaint against your employer.
Where to file your Whistleblower Complaint
You must file your complaint with the Occupational Safety and Health Administration up to 30 days after the reprisal. Under the OSH Act, employees may file complaints with both the state and federal OSHA. Complaints filed under any other whistleblower statute must be filed directly with the
Federal OSHA.
You can file your whistleblower complaint online, by fax/mail, or by telephone. The online Whistleblower Complaint Form will forward your complaint to appropriate state plan if it was submitted in a state with an OSHA-approved plan.
OSHA will conduct an interview with each complainant in order to determine the need for an investigation, and they will ask for the employee’s work and/or benefits to be restored should the evidence support the claim of discrimination.
If you feel that your employer has violated your rights as an employee, speak to an experienced qui tam or whistleblower attorney who will assist you in the process of filing your complaint.]]>On Behalf of Jay P. Holland, Esq.<![CDATA[Reporting fraud under the False Claims Act]]>https://www.hollandmaloney.com/?p=461312023-06-30T06:39:48Z2019-08-16T07:33:22ZFalse Claims Act
Qui tam lawsuits provide a way for whistleblower protection under the False Claims Act, which rewards whistleblowers in cases where the government recuperates funds that have been lost in fraud.
The Department of Justice has successfully used the False Claims Act in order to target bad actors in the financial industry to recover misappropriated government funds. A majority of these cases involve financial institutions that do business in the home mortgage industry. They can also involve Medicare and Medicaid fraud, defense contractor fraud, and others.
False Claims Act Lawsuits
When the government brings a False Claims Act lawsuit, the suit will apply a civil penalty of anywhere between $5,500 and $11,000 for each false payment that the federal government makes, plus three times the amount of damages the government sustains because of the fraudulent claims for payment. Also, as the vast majority of these cases are brought by whistleblowers, called “relators,” under the statute, defendants are also liable for the attorney’s fees and costs incurred by relator’s counsel. Criminal penalties and liability are also possible. When fraud is in play, it may not be too far of a bridge to gap to hold individual bad actors criminally liable.
If you’re considering blowing the whistle, what does this mean for you?
As a private citizen, you may sue an individual or a business for fraud without this lawsuit being leaked to anyone else involved. This sealed lawsuit assures protection to the plaintiff in the cases. If the defendants are found liable, they must pay damages, which can be as much as three times the government’s losses, as well as penalties incurred.
Contact a Qui Tam or False Claims Act lawyer if you are considering blowing the whistle. It takes courage to be a whistleblower, especially when the wrongdoer is your employer. Having a strong advocate will make all the difference.]]>On Behalf of Jay P. Holland, Esq.<![CDATA[Preventing Age Discrimination in the Workplace]]>https://www.hollandmaloney.com/?p=461282020-02-17T07:39:11Z2019-08-16T07:33:16ZOn Behalf of Jay P. Holland, Esq.<![CDATA[#National Whistleblower Day just passed, so let’s talk about the importance of whistleblowers]]>https://www.hollandmaloney.com/?p=461272023-07-04T04:07:32Z2019-08-16T07:33:12Z