Whistleblower Retaliation Attorney

Our Attorneys Represent Whistleblowers in the Public and Private Sectors Who Are Victims of Retaliation

Employees who report fraud, waste, abuse, and other forms of wrongdoing to the federal government are entitled to protection against all forms of retaliation. These protections exist to encourage whistleblowers to come forward, and the courts vigorously enforce these protections in order to make clear that retaliation will not be tolerated. If you have questions about your legal rights as a whistleblower, or if you need to take action to protect your legal rights, we encourage you to speak with a whistleblower retaliation attorney at Oberheiden P.C. right away.

When you speak with a whistleblower retaliation lawyer at Oberheiden P.C., all information you share will be held in strict confidence. Your attorney will help you understand your legal rights and options; and then, once you decide how to proceed, your lawyer will take appropriate legal action regarding your whistleblower retaliation claims on your behalf. We provide representation to whistleblowers at no out-of-pocket cost.

Understanding When You Qualify for Protections Against Retaliation as a Whistleblower

To qualify for protection against retaliation as a whistleblower, you must qualify as a whistleblower under federal law. Several federal statutes provide whistleblower protections to employees in the public and private sectors; and, while these protections are broad, each statute establishes its own specific eligibility criteria. Many federal agencies have established specific procedures for submitting whistleblower complaints as well; and, to qualify for protection against retaliation, private-sector and public-sector employees must strictly adhere to these procedural requirements.

The federal statutes (and agencies) that provide whistleblower protections include:

• Anti-Money Laundering Act (FinCEN)
• Dodd-Frank Act (U.S. Commodity Futures Trading Commission (CFTC))
• False Claims Act (U.S. Department of Defense (DOD), U.S. Department of Justice (DOJ), and others)
• Foreign Corrupt Practices Act (DOJ)
• Internal Revenue Code (IRS)
• Sarbanes-Oxley Act (U.S. Securities and Exchange Commission (SEC))
• Whistleblower Protection Act (U.S. Department of Labor (DOJ) and DOJ Office of Inspector General (DOJ OIG))

If you qualify as a whistleblower under one of these statutes, you also qualify for protection against retaliation. Whether your employer discerns your identity or takes retaliatory action based on an assumption that you may have blown the whistle, you can—and should—hire an experienced whistleblower retaliation lawyer to seek appropriate remedies on your behalf.

Put our highly experienced team on your side

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

Understanding What Constitutes Whistleblower Retaliation

Whistleblower retaliation can take many forms. Broadly, the federal whistleblower statutes prohibit private-sector and public-sector employers from taking any employment-related action based on an employee’s decision to blow the whistle.

This means that whistleblowers can—and should—seek appropriate remedies for adverse employment-related actions including (but not limited to):

• Demotion
• Creating a hostile work environment
• Discrimination or harassment
• Negative performance review
• Pay reduction
• Reassignment
• Relocation
• Restricting access or clearance
• Suspension
• Termination

Oftentimes, employers will attempt to avoid liability for whistleblower retaliation by establishing an alternate justification for adverse employment actions. However, the federal whistleblower laws make clear that these “pretexts” do not protect employers from retaliation liability. If an employer takes adverse action based on an employee’s decision to blow the whistle, then the employer is liable even if it also has an alternate justification for the action. If an alternate justification is purely manufactured (i.e., if an employer writes a false negative performance review after learning that an employee has blown the whistle), in this scenario it is even more clear that liability is warranted.

How a Whistleblower Retaliation Lawyer at Oberheiden P.C. Can Help

If you need to take action to protect yourself against retaliation as a whistleblower, it is important that you seek legal representation promptly. While you have clear legal rights as a whistleblower, to protect your legal rights, you will need an experienced legal team on your side. From filing your federal whistleblower retaliation claim to dealing with your employer (whether privately or in court), nearly all steps in the process require the knowledge, insights, and capabilities of an experienced whistleblower retaliation attorney.

When you choose to work with Oberheiden P.C., our experienced whistleblower retaliation lawyers will:

• Provide a Privileged and Confidential Assessment of Your Situation – We will arrange for you to speak with one of our whistleblower retaliation lawyers as soon as possible. Your conversation will be privileged and confidential, and you will have the opportunity to discuss your situation at length so that you feel confident in your next steps.
• Help You Understand Your Legal Rights and Options – Our attorneys will explain your legal rights and options during your initial consultation. As you weigh your options after your initial consultation, our attorneys will remain available to answer your additional questions and provide any additional advice you need.
• Take Legal Action on Your Behalf (Immediately if Necessary) – If you decide to take legal action, our lawyers will do so on your behalf. If you are dealing with harassment or discrimination, if you are facing threats, or if you are dealing with any other situation that requires immediate intervention, we can provide representation on an emergency basis.
• Seek Appropriate Remedies – The remedies available in whistleblower retaliation cases depend on the specific circumstances involved. Broadly, the remedies that may be available to you include back pay, additional special and general damages, reinstatement or placement in an appropriate position, attorneys’ fees and legal costs, and punitive damages—among others. It is up to you to decide which remedy (or remedies) you wish to seek; and, after helping you make an informed decision, we will fight to secure your desired outcome as efficiently as possible. 
• Do Whatever it Takes to Protect You – While we will work to secure your desired remedies as efficiently as possible, we will also be prepared to do everything in our power to protect you. We have represented whistleblowers in a wide range of scenarios, and we will rely on our experience and insights to protect you regardless of the circumstances at hand.

FAQs: Taking Legal Action Against Whistleblower Retaliation