What Not to Do if You Think You Qualify as a Federal Whistleblower

Learn What Private-Sector Employees, Federal Employees, and Personal Services Contractors Need to Know Before Blowing the Whistle

Several federal agencies conduct investigations in response to whistleblower complaints. As a federal whistleblower, you are entitled to remain confidential (or remain anonymous in some cases), and you may be entitled to receive a monetary reward if your complaint leads to a successful enforcement action.

But, before you come forward, you need to be careful to avoid mistakes that could jeopardize your eligibility for federal whistleblower protections and compromise the government’s ability to recover federal funds lost to fraud. If you do not comply with all applicable statutory provisions under the United States Code, your whistleblower case could be over before it begins.

5 Key Mistakes to Avoid as a Prospective Federal Whistleblower

With this in mind, what should you not do as a prospective federal whistleblower? Here are five key mistakes to avoid:

1. Coming Forward Through the Wrong Means

Coming forward as a federal whistleblower requires a reasonable belief that you have information about fraud, waste, or abuse (FWA); gross waste or gross mismanagement within the federal government; a threat to national security; a substantial and specific danger to public health or safety; or another violation of one of the numerous federal statutes covered under federal whistleblower programs. However, this is not enough on its own.

To make protected disclosures, federal whistleblowers must come forward through the appropriate means. For individuals in the private sector, this generally involves coming forward under the False Claims Act or coming forward under the whistleblower laws administered by the following federal authorities:

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

For federal employees, personal services contractors, and military personnel, making a protected disclosure may require a different approach. While the Whistleblower Protection Act (WPA), Whistleblower Protection Enhancement Act (WPEA), Inspector General Act (IGA), Military Whistleblower Protection Act (MWPA), Uniformed Services Employment and Reemployment Rights Act (USERRA), and other federal laws provide stringent protections for federal personnel who report fraud and other forms of wrongdoing, federal personnel must choose the correct means of coming forward as well.

Depending on the circumstances, this may involve filing a complaint with the DOJ or some other law enforcement agency. It may also involve contacting the Government Accountability Office (GAO), the Office of Special Counsel (OSC), testifying before a federal grand jury, or communicating with various other federal authorities. Federal personnel can also make protected disclosures to non-governmental audiences in certain circumstances; however, they must be very careful in doing so to ensure that they avoid making disclosures that are specifically prohibited under existing statute.

2. Failing to Adequately Disclose a Violation of Federal Law or a Federal Contract

In all cases, federal whistleblowers must adequately disclose a violation of federal law or a federal contract. To be protected from retaliation (and establish their whistleblower reward eligibility in relevant cases), whistleblowers must report evidence that the appropriate federal authority can use to pursue an administrative, civil, or criminal enforcement action. Reporting issues that do not warrant enforcement action does not trigger the protections that are available under the whistleblower statutes governing disclosures made by current or former employees.

3. Failing to Protect Your Identity

A private sector employee or federal employee responsible for filing a whistleblower complaint is entitled to stringent confidentiality protections. Federal whistleblowers are also entitled to protection against retaliation—as whistleblower retaliation is strictly prohibited under the laws enforced by the federal authorities mentioned above.

However, the government cannot protect your identity if you fail to protect it yourself. While you can still file a retaliation complaint if your employer unlawfully retaliates against you (whistleblowing is still a protected activity even if your employer knows that you are the one who came forward), if you disclose your identity as a whistleblower, this generally is not something that can be undone. In this scenario, you could be at greater risk of facing adverse personnel action; and, while you would be entitled to clear remedies if your employer takes adverse action against you, seeking these remedies may require you to go to court.

4. Making Assumptions About the Process

As a prospective whistleblower, it is important not to make any assumptions about the process. Instead, you need to ensure that you are making an informed decision based on an accurate understanding of all pertinent statutes, regulations, and controlling executive orders. From Medicare and Medicaid fraud to discrimination based on race or immigration status to food safety violations and other public health and safety threats, whistleblowers can report an extremely wide range of federal violations. However, in order to do so, they must navigate the process successfully.

5. Trying to File a Whistleblower Complaint on Your Own

With all of this in mind, if you are thinking about blowing the whistle with the federal government, you should not try to file a whistleblower complaint on your own. The process is complex, and there are many more mistakes you will need to avoid along the way. An experienced whistleblower lawyer can help you do what is necessary to protect yourself while also helping the government take appropriate legal action. With our contingency-fee representation, you can hire our whistleblower lawyers to represent you at no out-of-pocket cost.

We Help Individuals File Whistleblower Complaints Against Federal Contractors, Subcontractors, Grantees, and Other Parties

Our lawyers help individuals file whistleblower complaints against federal contractors, subcontractors, grantees, and other parties. If you are eligible to serve as a whistleblower, our lawyers can help you make informed decisions about your next steps; and, if you decide to come forward, we can communicate directly with the appropriate federal authorities on your behalf. We can also work with the government to protect your identity; and, if you become entitled to a whistleblower reward, we can work to secure a reward amount that reflects your important contributions to the government’s successful enforcement action.

FAQs: Avoiding Mistakes When Blowing the Whistle with the Federal Government

Learn More from Our Senior Federal Whistleblower Attorneys

If you need to know more about the process of filing a whistleblower complaint with the federal government, we invite you to get in touch. We have extensive experience representing federal whistleblowers, and we can use our experience to help you make informed and confident decisions. To schedule a free, no-obligation consultation with our senior federal whistleblower attorneys as soon as possible, call 866-320-3959 or tell us how we can contact you online now.