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Moon Law Group | Employment Attorneys
213-320-0519

Advocating For The Rights Of Southern California Employees Since 2007

Fighting To Protect The Rights Of Whistleblowers

Last updated on September 16, 2024

Whistleblowers are people who take a stand to expose and report an employer’s illegal actions. At Moon Law Group, PC, our Los Angeles lawyers are committed to helping whistleblowers protect their rights as they navigate the path to justice.

We have a deep understanding of whistleblower laws, the challenges that can arise in these cases and how to successfully overcome those challenges so that our clients can secure the recoveries — and justice — they deserve.

Understanding Whistleblower And Qui Tam Claims

Whistleblower cases can pertain to many issues or wrongdoings by an employer. Many cases involve violations of:

Qui tam cases are a specific type of whistleblower case alleging that an employer has violated the False Claims Act by:

  • Submitting a fraudulent claim to a government agency – Medicare fraud is a common example.
  • Committing any fraud with respect to government funds – Pertaining to both money owed to the government and funds the government has paid out, examples include tax fraud and government contract fraud.

When qui tam cases result in the government recovering funds, whistleblowers may receive up to 30 percent of the monies recovered.

What Is Retaliation? How Do I Know If I Experience It?

People who become whistleblowers have the right to freedom from retaliation. This means that if you blow the whistle on your employer’s unlawful activity, your employer, supervisors and colleagues may not:

  • Fire, lay off or demote you as a penalty
  • Reassign you to objectionable or risky job duties
  • Pass you over for promotions
  • Reduce your pay, benefits or work hours
  • Give negative performance reviews in the absence of job-related performance issues

Additionally, it’s illegal for employers to have policies that prohibit or deter people from blowing the whistle on their misconduct.

What Is The Timeline For A Whistleblower Case?

The timeline varies from case to case, depending on the legal process and the complexity of the claims involved. However, there are general stages that a whistleblower case typically follows, which can give you a rough estimate of how long the process might take.

  • Reporting the complaint (weeks to months): A whistleblower usually reports the issue internally within the company or to a relevant government agency such as the California Department of Industrial Relations (DIR) or the federal Occupational Safety and Health Administration (OSHA). The time it takes to file a complaint can vary based on the evidence gathered and the entity to which the claim is made. Some claims may be resolved quickly through internal channels, while others may proceed to a legal process.
  • Investigation (several months to over a year): An investigation begins once a whistleblower complaint is filed. If the complaint is filed with a government agency like OSHA or the U.S. Securities and Exchange Commission (SEC), these agencies will investigate the matter. Investigators will review documents, interview witnesses and assess whether any laws have been violated.
  • Retaliation claims (concurrent or separate): Whistleblowers can face retaliation from their employers after reporting misconduct. In California, it is illegal for an employer to retaliate against an employee for whistleblowing. If retaliation occurs, the whistleblower can file a separate retaliation claim. The timing of this process depends on whether the retaliation claim is bundled with the original whistleblower claim or pursued separately, which could add months to the timeline.
  • Filing a lawsuit (several months to years): If the investigation supports the whistleblower’s claims and the issue is not resolved through settlement, the whistleblower can file a lawsuit. The process of preparing and filing the lawsuit can take several months. Litigation can be lengthy, potentially taking years, depending on the court’s schedule and the complexity of the legal arguments.
  • Resolution (months to years): The final resolution of a whistleblower case can happen through settlement, court ruling or administrative decisions. Settlements may occur relatively early in the process, while court cases may take longer, possibly stretching to several years.

As you can see, the timeline is variable and can depend on the nature of the case and the path it follows through the legal system. We can protect your rights throughout your journey and do everything possible to expedite matters.

Find Out Your Options For Blowing The Whistle On A Business

If you are ready to report an employer’s illegal actions, you can turn to Moon Law Group, PC. Our lawyers have extensive experience representing whistleblowers. Contact us today to find out more about your legal options.

We provide free consultations. Schedule yours by calling 213-320-0519 or by sending us an email.