Resources for Whistleblower Protection

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Whistleblower Protection Lawyer2020-11-19T05:22:24+00:00

No other firm has been in the trenches for as long, and no other firm helped to mold and develop modern rules like the whistleblower protection lawyers Kohn, Kohn & Colapinto

When considering a whistleblower protection lawyer, you need an advocate with deep experience who clearly understands whistleblower law. Kohn, Kohn and Colapinto law firm has been representing whistleblowers since 1988, before Congress enacted most of the modern whistleblower laws such as the False Claims Act, Whistleblower Protection, Dodd-Frank and Sarbanes-Oxley Acts. We’ve won cases against the most powerful corporations, law firms and government agencies, including Fannie Mae, J.P. Morgan Chase, Halliburton, FBI, Department of Defense, the EPA and many more.

Whistleblower Protection Attorneys Kohn, Kohn and Colapinto

KKC partner Stephen Kohn welcomes Sen. Charles Grassley to National Whistleblower Day 2019.

Our firm’s experience setting national precedents and obtaining successful judgements is unparalleled. Our team led the effort to ban “hush money” payments in federal cases involving environmental and nuclear violations and the use of illgal NDAs to silence whistleblowers. We successfully represented FBI whistleblowers that documented illegal searches under the Patriot Act’s “National Security Letter” program. Additionally, we forced the Department of Justice to review thousands of criminal convictions based on document forensic fraud at the crime lab. 

If you are a whistleblower seeking protection against retaliation, look no further than Kohn, Kohn & Colapinto. Our team provides clients with leading representation to the most complex whistleblower retaliation issues in the private and public sectors. We’ll immerse ourselves in your case to fully and comprehensively understand the issue so that we can offer you the best protection under the various federal and state anti-retaliation laws. 

Get in touch with a whistleblower protection lawyer today for a confidential case review.

Whistleblower Protection Laws

Whistleblowers who expose fraud, misconduct or risks to public health and safety should be commended for coming forward. However, this is often not the case. Many whistleblowers experience retaliation from their employer for engaging in a protected activity, which is prohibited by federal and state laws.

Protected whistleblower activities include:

  • Reporting complaining about an alleged violation to a government agency/employer
  • Filing filing a lawsuit or other legal proceeding
  • Testifying providing written or verbal statements in a legal proceeding
  • Opposing refusing to perform a task or activity that you reasonably believe is illegal

The Occupational Safety and Health Administration (OSHA) enforces several federal whistleblower protection laws that protect employees, contractors, and agents from whistleblower retaliation and reprisals – this includes:

  • Federal False Claims Act (FCA) offers qui tam whistleblowers protection from retaliation after they file a complaint about a certain misdoing or oppose government fraud;
  • Dodd-Frank Act offers whistleblowers protection from retaliation after they provide original information to the Securities and Exchange Commission (SEC) or the Commodities Futures Trading Commission (CFTC)
  • Sarbanes Oxley Act (SOX) protects whistleblowers from retaliation after they file a complaint about violations of mail fraud, wire fraud, bank fraud, securities fraud, or violations of SEC rules or regulations or federal laws relating to fraud against shareholders;
  • Whistleblower Protection Act (WPA) protects federal government employee whistleblowers from retaliation after they report agency misconduct;

In addition to these common laws, there are other federal and state laws that offer whistleblowers protection. If you are experiencing retaliation from your employer and know your rights have been violated, we suggest contacting a whistleblower protection lawyer with experience to help you navigate the process of filing claims.

Get in touch with Kohn, Kohn & Colapinto for a confidential case evaluation

Types of Retaliation

Retaliation occurs when an employer through a manager, supervisor, or administrator fires an employee or takes any other type of adverse action against an employee for engaging in protected activity. An adverse action is an action which would dissuade a reasonable employee from raising a concern about a possible violation or engaging in other related protected activity. Retaliation can have a negative impact on overall employee morale.

Because an adverse action can be subtle, it may not always be easy to identify. Examples of adverse actions include, but are not limited to:

  • Firing or laying off
  • Demoting
  • Denying overtime or promotion
  • Disciplining
  • Denying benefits
  • Failing to hire or rehire
  • Intimidation or harassment
  • Making threats
  • Reassignment to a less desirable position or actions affecting prospects for promotion (such as excluding an employee from training meetings)
  • Reducing pay or hours
  • More subtle actions, such as isolating, ostracizing, mocking, or falsely accusing the employee of poor performance
  • Blacklisting (intentionally interfering with an employee’s ability to obtain future employment)
  • Constructive discharge (quitting when an employer makes working conditions intolerable due to the employee’s protected activity)

Keep in mind, not all forms of whistleblowing activities are protected. It depends on the laws that apply to your case. It’s advised you seek legal advice from a whistleblower protection lawyer who can help you understand your position, as well as provide you with a detailed explanation of the various federal and state whistleblower protection laws. If you think you have a case, request a confidential consultation with Kohn, Kohn & Colapinto today.

A Whistleblower Protection Lawyer Can Help You Receive Compensation

If you’re experiencing retaliation, you may be missing out on what’s owed to you. Each law has different statutes spelling out the type of recovery you may be eligible for. However, the common types of damages available are:

  • Back Pay — the money owed to you in the past prior to experiencing whistleblower retaliation. This includes back wages and benefits you would have normally received;
  • Front Pay — the money owed to you in future beyond the time which you experienced whistleblower retaliation. This includes lost pay and benefits you would have normally received;
  • Compensatory Damages — the money to make you whole as a result of pain, suffering, injury to your reputation, anxiety you’ve experienced or will experience;
  • Liquidated Damages — the money designed to punish or deter your employer for violating your whistleblower rights.

Each law has different filing procedures, and you must be very careful to follow the mandatory rules governing each program. You must also act quickly as many retaliation cases have short deadlines and are quickly thrown out if the proper procedures are not followed or a deadline is missed. Speak with a whistleblower protection lawyer at Kohn, Kohn & Colapinto for a free case evaluation to determine if you’re eligible for the compensation listed.

Our Whistleblower Protection Cases

William Sanjour: Federal Whistleblower Protection and Free Speech

Our firm is dedicated to federal whistleblower protection. William Sanjour worked for the Environmental Protection Agency (EPA) for more than 25 years. Represented by Kohn, Kohn & Colapinto in Sanjour v. EPA, he challenged rules restricting EPA workers right to speak to environmental community groups.

After a 4-year battle, the court ordered a nationwide injunction upholding the First Amendment right of federal employees to criticize their agencies. Sanjour v. EPA now stands as a landmark decision preventing the government from silencing government employees criticizing the government and establishing First Amendment rights of federal employees to blow the whistle on their employer.

Mr. Sanjour was a guest on the Phil Donahue show in 1996, on a panel discussing the importance of whistleblowers in our society.

Legal Leaders AV Preeminent
Martin-Hubbell Top Rated Whistleblower Protection Lawyers

The whistleblower protection lawyers at Kohn, Kohn and Colapinto have won many of the most prestigious peer reviewed recognitions available to any law firm. The National Law Journal selected our whistleblower law firm as one of the top 50-elite plaintiff’s law firms in the entire United States. Kohn, Kohn and Colapinto was the only whistleblower law firm to be selected. Prior to this achievement, the National Law Journal designated our firm as one of a handful of “hot” plaintiff’s law firms in the country, and stated that we were the “go to” firm for whistleblowers. No other law firm that specializes in whistleblower protection or qui tam has obtained these two designations.

Additional Resources

Frequently Asked Questions

How does Kohn, Kohn and Colapinto protect whistleblower anonymity?2020-05-21T21:07:31+00:00

Many of our clients are fully anonymous and confidential. We help whistleblowers use certain laws that protect their identity, such as the Dodd-Frank Act, Foreign Corrupt Practices Act and laws covering tax evasion.

What federal protection acts exist to protect whistleblowers?2020-05-21T21:07:51+00:00

There are over 50 different federal laws covering federal, state, and private sector employees. Many of these laws provide for confidential or anonymous whistleblowing.

Can I be fired for blowing the whistle on my employer?2020-05-21T21:08:23+00:00

No, but…If you lawfully blow the whistle under a federal whistleblower protection law you cannot be fired. However, many whistleblowers are terminated and it is difficult to prove a retaliation case. It is best practice to contact an experienced whistleblower attorney before you make a disclosure.

Why do I need a whistleblower attorney? Am I still protected if I blow the whistle on my own?2020-05-21T21:08:45+00:00

It can be extremely difficult to navigate whistleblower laws. Whistleblower attorneys can help you find the best law to use and obtain the largest reward possible.

Can I hire whistleblower protection attorneys at Kohn, Kohn and Colapinto if I live outside of the US?2020-05-21T21:09:10+00:00

Yes. Kohn, Kohn & Colapinto represents many whistleblowers who reside inside or outside of the United States. Almost all of our international clients are confidential or anonymous

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