Whistleblowing is the act of reporting unethical or illegal activities within an organization. This can include fraud, corruption, safety violations, and more. Whistleblowers play a critical role in promoting transparency and accountability.
Illinois employees have several laws to protect them if they are whistleblowers. In fact, Illinois’ own Honest Abe (Abraham Lincoln) passed a whistleblower type law because of dishonest Civil War suppliers who put sawdust in the gunpowder and then sold it to the Union Army. In Illinois, whistleblowers are protected by both federal and state, and local laws. So, while no one likes to be a whistleblower, Illinois is a good place to be one.
What Is a Whistleblower in Illinois?
If you blow the whistle (i.e., exposed employer’s wrongdoing or have knowledge of your company cheating the government or insurance companies), you may be entitled to money as a whistleblower. Examples of claims include improper billing, charging the government for services that were not provided, or misrepresenting things to the government to get money.
The Whistleblower Protection Act (5 U.S.C. § 2302(b)(8))
The Whistleblower Protection Act (WPA) protects whistleblowers from retaliation at work for making disclosures. There are also penalties for supervisors that retaliate against employees who are whistleblowing.
False Claims "Qui Tam" Act
Sometimes referred to as “false claims” lawsuits, or qui tam claims, these claims allow a whistleblower to recover money if his or her employer is getting money unfairly. An example of false claims is Medicare fraud. Sometimes employers will bill Medicare or Medicaid or insurance companies for services that were not performed or that were unnecessary. This is illegal.
Specific types of whistleblowers include:
IRS Whistleblowers: If you have information that a taxpayer is cheating the government, you might be entitled to a portion of any recovery by the IRS. There are specific ways you must report a tax fraud to the IRS.
SEC Whistleblowers: The SEC has a whistleblower program for certain financial frauds.
Medicare Whistleblowers and Healthcare Fraud: Medical practices sometimes get into trouble for up-coding, paying incentives for referrals, and not following CMS rules. Under the False Claims Act, a whistleblower can recover between 15 and 30 percent of the government’s recovery.
Illinois Whistleblowers: While many whistleblower claims are brought under federal law, Illinois has its own set of laws to protect whistleblowers. It also has a unique law that allows a recovery for insurance fraud.
Laboratory and COVID-19 Whistleblowers: The Covid-19 Pandemic has resulted in a great deal of fraud. To learn more about whistleblower fraud by laboratories, click here.
Contact our Chicago whistleblower attorney at (312) 818-2407 by completing our online form. Don't wait, get in touch today.
The Whistleblower “First to File” Race to the Courthouse Rule
It is important for a whistleblower lawyer to promptly file your case if it has merit because of the first to file rule. Under this rule, the first whistleblower to file the qui tam case can proceed and others cannot. In one of our Illinois False Claims Act cases, we filed a case on behalf of our whistleblower physician only 19 minutes before a competing whistleblower! Because of this, the other whistleblower’s case was dismissed. Here is an article that discusses this case: https://news.bloomberglaw.com/ip-law/covid-19-whistleblower-lost-race-to-courthouse-by-19-minutes
What is a whistleblower? A whistleblower is an individual who reports wrongdoing within an organization, often at the risk of personal or professional consequences.
What laws protect whistleblowers in Chicago and in Illinois? Whistleblowers are protected under various federal and state laws, including the Whistleblower Protection Act and the Illinois Whistleblower Act, which prohibit retaliation against those who report misconduct.
How do I report misconduct? You can report misconduct internally through your organization’s compliance hotline or externally to regulatory agencies. It’s advisable to document your findings and seek legal advice before proceeding.
What should I consider before blowing the whistle? Consider the potential risks and repercussions, including job security and workplace relationships. Consulting with a lawyer experienced in whistleblower cases can help you understand your rights and options.
What are the steps in the whistleblowing process?
Identify the wrongdoing
Gather evidence
Decide whether to report internally or externally
Make the report
Follow up and document any retaliation
Can I remain anonymous when blowing the whistle? Some laws and organizations allow anonymous reporting, but it’s important to check specific policies. Whistleblower protection laws may also provide anonymity in some cases.
Our Notable Whistleblower Cases
Qui Tam/Whistleblower/False Claims Act: Representing a Physician
Case Overview: We represented a physician in a Qui Tam/Whistleblower/False Claims Act case. The case involved allegations against a medical practice, where our client was employed, for engaging in unlawful billing practices towards Medicare.
Outcome: This case was resolved with a substantial settlement in favor of our client, demonstrating our capability to effectively handle complex Whistleblower and False Claims Act litigation.
Workplace Rape and Sexual Assault Case
Case Overview: In this distressing case, we represented a worker who suffered sexual assault during a workplace event. After reporting the incident to her local police department, she faced retaliatory dismissal.
Legal Approach: Our legal strategy involved asserting claims under the Illinois Whistleblower Act, focusing on both the assault and subsequent wrongful termination, as well as addressing wage claims.
Outcome: The case resulted in a confidential settlement that acknowledged the seriousness of the allegations and provided justice to our client.
Can My Employer Fire Me after I Filed for Workers’ Compensation?
It is illegal to retaliate against an employee for filing a workers’ compensation claim in Illinois. Our Chicago whistleblower lawyer can also assist if you have a workers compensation claim and were retaliated against for your work injury. Injured workers in Illinois often have legal rights. Depending on the nature of the injury, it may be illegal for an employer to retaliate or terminate an injured worker or someone who files for workers compensation.
Whistleblowing in Illinois: Protecting Employees Who Speak Out Against Illegal or Unethical Practices
Whistleblowing, or reporting illegal or unethical practices in the workplace, is an important form of civic engagement. In Illinois, the state has several laws in place to protect whistleblowers and ensure that they are not subjected to retaliation for speaking out. In this blog post, we'll explore the legal protections available to whistleblowers in Illinois and what employees need to know if they decide to speak out.
The Illinois Whistleblower Act
The Illinois Whistleblower Act is a state law that provides protection to employees who report illegal or unethical practices in the workplace. The Act prohibits employers from retaliating against employees who report such practices, including termination, demotion, harassment, and other forms of retaliation. The Act applies to all employees, regardless of their job title or position within the company.
If an employee believes they have been subjected to retaliation for reporting illegal or unethical practices, they can file a complaint with the Illinois Department of Labor. The Department will then investigate the complaint and determine whether the employer has violated the Illinois Whistleblower Act. If the employer is found to have violated the Act, they may be required to pay damages to the employee and to cease the retaliation.
What Constitutes Whistleblowing in Illinois
In Illinois, employees can report a wide range of illegal or unethical practices, including fraud, waste, abuse, and safety violations. Employees can also report practices that violate state or federal laws, such as environmental regulations, labor laws, and health and safety regulations.
Employees who report such practices must do so in good faith, meaning that they must have a reasonable belief that the practices are illegal or unethical. Employees who make false reports or who report practices with the intention of causing harm can be held liable for their actions.
Protecting Your Job and Your Reputation
Whistleblowing can be a difficult and challenging process, but it is important for employees to understand that they have legal protections in place. If you are considering reporting illegal or unethical practices in the workplace, it is important to take steps to protect yourself and your job.
Here are a few tips for whistleblowers in Illinois:
Gather evidence: Before reporting any illegal or unethical practices, gather evidence to support your claims. This may include emails, memos, or other documents that demonstrate the practices in question.
Know your rights: Familiarize yourself with the Illinois Whistleblower Act and other laws that protect whistleblowers in Illinois. This will help you understand your rights and what you can do if you are subjected to retaliation.
Seek legal counsel: Consider speaking with a lawyer before reporting any practices. A lawyer can help you understand your rights and provide guidance on the best course of action.
Report the practices: Report the practices to the appropriate authorities, such as the Illinois Department of Labor or another regulatory agency.
Whistleblowing is an important way to hold companies and organizations accountable and to protect the public. By understanding the legal protections available to whistleblowers in Illinois, employees can make informed decisions about whether to speak out and can take steps to protect themselves and their careers.
For information unique to your situation, contact us at (312) 818-2407 or by completing our online form. Don't wait, get in touch with a Chicago whistleblower attorney today.
Can You Be Fired for Telling Your Boss They're Breaking the Law? Understanding Your Rights
Imagine you're at work, and you discover that your boss or company is engaging in illegal activities. You know that staying silent could contribute to wrongdoing, but speaking up feels risky. Could reporting the issue or confronting your boss cost you your job?
Let's explore the legal protections you have and what you should consider when navigating this tricky situation.
1. Understanding Whistleblower Protections
Whistleblower laws exist to protect employees who report illegal or unethical behavior within their organizations. These protections generally aim to prevent retaliation, such as wrongful termination, demotion, or harassment.
Key Laws in the U.S.:
The Whistleblower Protection Act: Primarily covers federal employees and ensures protection when reporting government misconduct.
Sarbanes-Oxley Act (SOX): Protects employees of publicly traded companies who report securities fraud or other corporate malpractices.
Occupational Safety and Health Act (OSHA): Protects workers who report health and safety violations.
State-Specific Laws: Many states have their own whistleblower statutes that apply to various sectors. Illinois has its own whistleblower laws.
2. Protected vs. Unprotected Activities
Your protections typically depend on:
How you report: Reporting through proper internal channels or external regulatory bodies strengthens your case.
The nature of the illegal activity: Protections are usually stronger if the violation involves public interest (e.g., fraud, safety breaches) rather than minor policy violations.
Good faith: You must have a reasonable belief that the conduct is illegal. Even if you turn out to be wrong, acting in good faith is crucial.
3. Risks and Best Practices
While laws exist, retaliation can still occur, and legal recourse may take time. Here’s how to protect yourself:
Follow company policies: Report through designated channels if possible. If there’s a hotline or compliance officer, use those resources.
Seek legal advice: Consult an employment attorney before taking action, especially if you fear retaliation.
Stay professional: Avoid confrontational language or public accusations. Frame your concerns constructively.
4. If You Face Retaliation
If you believe you've been wrongfully terminated or otherwise retaliated against:
File a complaint with the relevant regulatory body.
Gather evidence of your report and any retaliatory actions.
Consider litigation: An employment lawyer can help you navigate the complexities of filing a lawsuit.
Final Thoughts
Speaking up about illegal activity is both a legal and ethical responsibility, but it can be fraught with challenges. Knowing your rights and acting thoughtfully can help protect both your career and your conscience.
By understanding the laws and preparing carefully, you can stand up for what’s right without standing alone.
