Contacting the Government vs. Going Public: What it Means to be a Federal Whistleblower

Learn What Current Employees, Former Employees, and Other Individuals Need to Know About Serving as a Federal Whistleblower

While several whistleblower laws protect individuals who come forward, they only protect individuals who come forward through the appropriate means. The steps whistleblowers need to take depend on the circumstances of each individual case—and, while some whistleblowers can go public, the vast majority will need to work with the U.S. Department of Justice (DOJ) or some other law enforcement agency.

The rules differ for federal employees, employees of federal contractors and program participants, and other employees and individuals. As a result, for those who need to file complaints, it is essential to work with an experienced legal representative who can assist with coming forward to the relevant agency (or other authorized recipient) and under the appropriate statutory provisions. Our lawyers help whistleblowers come forward through all appropriate channels when they have a reasonable belief that serious wrongdoing has been committed.

Blowing the Whistle as a Private Citizen: Reporting Fraud Under a Federal Contract, Program, or Grant

For many employees, former employees, and other individuals in the private sector, serving as a whistleblower will involve coming forward under the False Claims Act. The False Claims Act is among the most commonly used whistleblower protection laws, and it allows private citizens to report all forms of fraud, waste, and abuse under federal contracts, programs, and grants.

Under the False Claims Act, private parties are prohibited from submitting “false or fraudulent” claims for federal reimbursement. The statute also prohibits “reverse false claims,” which involve failing to pay monies owed. For whistleblowers who are eligible to come forward under the False Claims Act, contacting the media instead generally is not an option if they wish to secure the whistleblower retaliation protections and award eligibility that are available.

Blowing the Whistle as a Private Citizen: Reporting Other Violations of Federal Law

Private citizens who have information about other violations of federal law may need to contact one of various federal agencies directly. Here too, contacting the media generally is not an option—as once information is made public, that information is no longer eligible for whistleblower submission. As a result, whistleblowers who have information about federal statutory violations will generally need to report evidence of these violations to federal law enforcement agencies such as:

• U.S. Department of Justice (DOJ)
• U.S. Securities and Exchange Commission (SEC)
• U.S. Commodity Futures Trading Commission (CFTC)
• Internal Revenue Service (IRS)
• Financial Crimes Enforcement Network (FinCEN)

These agencies, among others, are responsible for reviewing complaints submitted under their respective whistleblower programs. Whistleblowers who work with these agencies are protected against disciplinary actions and other retaliatory personnel actions based on their decision to come forward, and successful complaints can lead to substantial whistleblower awards in many cases.

Blowing the Whistle as a Federal Employee: Reporting Fraud, Waste, Abuse, and Threats to Public Health and Safety

The rules for federal employees are very different from those for employees and other individuals in the private sector. While private-sector whistleblowers generally cannot contact the media, federal employees (and former federal employees) can contact the media in some cases. As the U.S. Department of State Office of Inspector General explains:

“Federal employees may make a protected disclosure to the Office of Special Counsel (OSC), U.S. State Department Office of Inspector General (State OIG) or another employee designated by the Department of State, USAGM, or USIBWC to receive such disclosures. Federal employees are also protected if they make a disclosure to other individuals or organizations (e.g., a congressional committee or the media), provided that the disclosure is not specifically prohibited by law and the information is not classified.”

This list of federal agencies is not exclusive. For example, depending on their specific role within the federal government, federal employees may be able to make protected disclosures to the Merit Systems Protection Board (MSPB), Government Accountability Office (GAO), and the DOJ OIG Whistleblower Protection Coordinator, among other entities. Similar to other federal whistleblower laws, the Whistleblower Protection Act (WPA), as amended by the Whistleblower Protection Enhancement Act (WPEA), prohibits an employing agency from initiating administrative proceedings or taking other adverse employment action against an employee who comes forward in compliance with the law.

Understanding What Constitutes a “Protected Disclosure” Within the Federal Sector

To qualify for protection under the WPA, federal employees must make a “protected disclosure” to an “authorized recipient.” Protected disclosures involve wrongdoing within the federal government, and generally include complaints regarding:

• Abuse of authority
• Gross mismanagement
• Gross waste of funds
• Substantial and specific dangers to public health or safety (including threats to national security)
• Violation of any law, rule, or regulation

Importantly, however, the definition of wrongdoing varies slightly depending on a federal employee’s specific role within the federal government.

In all cases, a federal employee responsible for making a protected disclosure is entitled to confidentiality and protection against all forms of employment-related retaliation. In addition to working with an authorized recipient on a federal employee’s behalf, a federal whistleblower lawyer at our firm can also file a retaliation complaint against the government if necessary.  

“Authorized Recipients” Under the Whistleblower Protection Act

As noted above, federal employees must make their protected disclosures to authorized recipients. Crucially, what constitutes an authorized recipient can vary—and this is one of several reasons why it is critical for prospective whistleblowers to engage experienced legal counsel. Depending on the circumstances, authorized recipients of a federal employee’s whistleblower complaint may include:

• A designated agency officials or other authorized official
• The GAO, MSPB, OSC, or DOJ
• The relevant OIG’s unclassified hotline
• A court, grand jury, or congressional committee
• A news organization

This list is not exclusive; and, again, these may not be options in all cases. If you need to know more about authorized recipients, filing deadlines, or any other requirements for securing protection against adverse action as a federal whistleblower, we strongly encourage you to contact us for a free and confidential consultation.

All Qualifying Federal Whistleblowers Are Protected from Retaliation

Whether you work for the federal government, a non-governmental organization (NGO), a federal contractor or grant recipient, a healthcare provider, or any other employer, you are entitled to protection against retaliation if you qualify as a federal whistleblower. This means that you cannot be fired, demoted, discriminated against, or otherwise targeted based on your decision to come forward. When employers take adverse actions affecting whistleblowers, they can—and should—be held accountable. Whether this involves filing a lawsuit or going through the MSPB, OSC, or EEO process will depend on the specific circumstances involved.

FAQs: Serving as a Federal Whistleblower

Schedule a Free and Confidential Consultation with an Experienced Federal Whistleblower Lawyer

Do you need to know more about what it means to serve as a federal whistleblower? If so, we invite you to get in touch. Please Call 888-680-1745 or contact us online to schedule a free and confidential consultation.