Filing a Whistleblower Complaint as a Private Citizen

Learn What You Need to Know About Blowing the Whistle as a Private Citizen

Private citizens can report various types of statutory and regulatory violations to the federal government. Whistleblower protection laws entitle private-sector whistleblowers to strict confidentiality, and private-sector whistleblowers can also become eligible to receive financial rewards in many cases.

Our attorneys have extensive experience helping private citizens come forward under federal law. We handle all types of federal whistleblower cases, and we help private citizens make all types of protected disclosures. We work with eligible employees, former employees, and other individuals, and we provide whistleblower representation at no out-of-pocket cost to our clients.

5 Key Facts for Private Citizens Who Are Considering Filing a Whistleblower Complaint

If you are thinking about coming forward as a whistleblower, there are several important facts you need to know. Here are five examples:

1. The Federal Government Relies on Private Citizens to Come Forward

The first thing you should know is that the government relies on private citizens to come forward. The government can only address misconduct when it is aware that a company or individual has violated the law. As discussed in greater detail below, several federal law enforcement agencies rely heavily on private-sector whistleblowers, and private citizens can also file qui tam lawsuits in federal court when warranted.

2. Current and Former Employees Can Serve as Federal Whistleblowers

Current and former employees can serve as federal whistleblowers. Even if blowing the whistle is specifically prohibited under an employee’s NDA, the employee is still entitled to come forward. Private-sector employers cannot legally prohibit their employees from disclosing violations of federal law to the federal government.

3. Citizen Journalists Can Also Serve as Federal Whistleblowers

Along with current and former employees, citizen journalists can serve as federal whistleblowers as well. If you have information about government fraud, a substantial and specific danger to public health or safety, or any other significant violation of federal law that warrants civil or criminal enforcement, our attorneys can explain everything you need to know about coming forward.

4. Private Citizens Can File Whistleblower Complaints with Various Federal Agencies

Several federal agencies accept whistleblower complaints from private citizens. The laws enforced by a particular agency will determine whether that agency is a suitable recipient for a private citizen’s whistleblower complaint. With this in mind, examples of potential recipients include:

Occupational Safety and Health Administration (OSHA)

The Occupational Safety and Health Administration (OSHA) accepts whistleblower complaints involving violations of the Occupational Safety and Health Act (OSH Act) committed by covered employers. The OSH Act is one of several federal whistleblower laws that provides strong protections for eligible whistleblowers. If you need to file an occupational safety and health complaint, our attorneys can help.

U.S. Department of Justice (DOJ)

The U.S. Department of Justice (DOJ) accepts whistleblower complaints involving numerous violations of federal law. The DOJ pursues civil and criminal enforcement actions to the fullest extent possible under federal law, and it has primary jurisdiction in cases involving antitrust violations and various other corporate federal offenses.

U.S. Department of Labor (DOL) Wage and Hour Division (WHD)

The Wage and Hour Division (WHD) at the U.S. Department of Labor (DOL) accepts whistleblower complaints involving minimum wage violations, overtime pay violations, and other employment-related matters under the Fair Labor Standards Act (FLSA). It also accepts cases involving job-protected leave under the Family and Medical Leave Act (FMLA) as well as retaliation complaints related to retaliatory personnel actions against whistleblowers.

U.S. Securities and Exchange Commission (SEC)

The U.S. Securities and Exchange Commission (SEC) accepts complaints filed under the Securities and Exchange Act and other federal securities laws and regulations. Whistleblowers who properly disclose information about securities law violations to the SEC are entitled to stringent protections, and the SEC has paid several of the largest whistleblower awards in recent years.

Other Federal Agencies with Whistleblower Programs

Along with the federal agencies listed above, several other law enforcement agencies accept whistleblower complaints as well. The following agencies, among others, also have whistleblower programs:

Financial Crimes Enforcement Network (FinCEN)
Internal Revenue Service (IRS)
U.S. Commodity Futures Trading Commission (CFTC)
U.S. Department of Defense (DOD)
U.S. Department of Health and Human Services (HHS)
U.S. Environmental Protection Agency (EPA)
U.S. Federal Trade Commission (FTC)

If you are thinking about blowing the whistle as a private citizen, an attorney at our firm can determine the relevant agency (and designated agency official) for you to contact and then serve as your legal representative throughout the process. All of our attorneys have extensive experience, and many of our attorneys handled federal whistleblower cases at the DOJ before entering private practice.

5. Private Citizens Can Also File Whistleblower Complaints Under the False Claims Act

In many cases, private citizens can also file whistleblower complaints under the False Claims Act. The False Claims Act’s whistleblower provisions cover false and fraudulent claims submitted under all federal contracts, grants, and programs. Employees and other individuals can file complaints against defense contractors, personal services contractors, healthcare providers, non-governmental organizations, and other entities that have improperly billed the federal government. Here too, if you need to know more, our attorneys can explain everything you need to know.

What You Can Expect if You Hire a Federal Whistleblower Attorney as a Private Citizen

What can you expect if you hire an attorney to help you blow the whistle as a private citizen? Here is what you can expect when you choose an attorney at our firm to represent you:

Complete Confidentiality – We will protect your identity and all information you share with us. We will not disclose any information to the government unless you authorize us to do so.
Personalized Legal Advice – Our attorneys will provide personalized legal advice based on your individual circumstances. Based on this advice, you should feel confident making informed decisions about your next steps.
Supportive Guidance – We will provide supportive guidance as you decide whether to come forward. We will not pressure you to come forward, but we will be prepared to take action on your behalf promptly if you decide to do so.
Skilled and Insightful Representation – If you decide to come forward, you can expect to receive skilled and insightful representation as our attorneys work with the federal government on your behalf.
No Out-of-Pocket Fees or Costs – As noted above, we represent all whistleblowers at no out-of-pocket cost. You can contact our attorneys at any time without worrying about incurring legal fees.

FAQs: Filing a Whistleblower Complaint as a Private Citizen

When can private citizens file whistleblower complaints with the federal government?

Private citizens can file whistleblower complaints with the federal government in a wide range of circumstances. Our attorneys have extensive experience reviewing complaints and evaluating employees’ eligibility, and we can determine if you qualify to come forward as a federal whistleblower.

Can job applicants also file whistleblower complaints?

Yes, along with current and former employees, job applicants can also file whistleblower complaints in appropriate cases. This includes, but is not limited to, complaints involving employment discrimination on the basis of race, national origin, sexual orientation, and gender identity. If you have a reasonable belief that you are a victim of discrimination—or if you have any other reason to believe that you may be eligible to serve as a federal whistleblower—we invite you to contact us for more information.

Are whistleblowers entitled to protection against adverse employment action? What if my employer takes adverse action against me?

Whistleblowers are entitled to protection against adverse employment actions based on their decision to come forward. This includes retaliatory firings and retaliatory security clearance actions, among others. If your employer illegally takes adverse action against you, our attorneys can pursue your retaliation allegations in federal court, and we can seek compensation for your lost earnings and other damages.

Are private-sector whistleblowers who expose DOJ contractors and other government contractors eligible to receive monetary rewards?

Private-sector whistleblowers can become eligible to receive monetary rewards in several circumstances. To establish their reward eligibility, whistleblowers must come forward through the appropriate channels (i.e., by filing a complaint with an authorized official or initiating a qui tam case in federal court), and they must assist the government with pursuing a successful enforcement action.

How is the whistleblower process different for individuals in the private sector and federal employees?

The whistleblower process differs for individuals in the private sector and federal employees in several ways. For example, while the Whistleblower Protection Act, Whistleblower Protection Enhancement Act, and Military Whistleblower Protection Act apply to federal and military personnel, private-sector whistleblowers must come forward under other federal statutes. Additionally, while federal-sector whistleblowers may need to contact the Government Accountability Office (GAO) or the Office of Special Counsel (OSC), private-sector whistleblowers may need to contact different federal authorities or come forward under the False Claims Act.

Discuss Coming Forward with an Experienced Federal Whistleblower Attorney

If you are interested in blowing the whistle as a private citizen, we encourage you to contact us promptly for more information. Call 888-680-1745 or contact us online to schedule a free and confidential consultation today.