Steps to Take: When and How to Contact a Whistleblower Attorney

Discovering unethical or illegal activity at your company can put you in a difficult position. You want to report wrongdoing and hold those responsible accountable. But doing so could put your job and reputation at risk. Contacting an experienced whistleblower attorney near me is critical to protect yourself while bringing misconduct to light. Here are important steps to take when considering retaining a whistleblower lawyer.

Document the Activity

Before reaching out to a whistleblower attorney near me, you need evidence. Keep a detailed record of the misconduct you have witnessed. For example, if a colleague is falsifying testing data for an important product, carefully note each instance you observe. Write down dates, times, and specifics of what you saw and save copies of any corroborating documents. This creates a paper trail an attorney can use to verify your claims.

Know Your Rights

There are several laws at the federal and state levels that protect whistleblowers from retaliation. Familiarize yourself with these laws so you understand your rights before taking any action. For instance, the Sarbanes-Oxley Act shields whistleblowers at publicly traded companies who report securities fraud. The False Claims Act allows individuals to file “qui tam” lawsuits on behalf of the government against those committing fraud against federal programs. An experienced whistleblower attorney can advise you on the specific laws applicable to your case.

Choose the Right Time

Timing is important when contacting a whistleblower lawyer. Do not wait until damages from the misconduct have compounded. But you also want sufficient evidence of wrongdoing before coming forward. Discuss the timing with your attorney and follow their counsel on when your case is strong enough to proceed. This helps balance promptly stopping illegal activity with building an incontrovertible case.

Select an Appropriate Attorney

Not all lawyers have in-depth experience advocating for whistleblowers. Seek out one who specializes in whistleblower laws and has successfully represented other clients in similar situations. Verify they have tried whistleblower cases in court and have an established track record of large recoveries. Location is also key – retain someone licensed in your state who is familiar with the local courts.

Schedule an Initial Consultation

Once you identify the appropriate whistleblower attorney for your case, schedule an initial consultation. Most provide free consultations where you can discuss your situation in confidence. Be prepared to provide an overview of the misconduct, your evidence, and any retaliation you have faced. The lawyer can then assess the strength of your potential case and Whistleblower Protection Program (WPP) eligibility.

Consider Filing a Complaint

Based on the initial discussion, your whistleblower lawyer may advise submitting an official complaint to a regulatory agency like the Securities and Exchange Commission (SEC), Equal Employment Opportunity Commission (EEOC), or Occupational Safety and Health Administration (OSHA). The attorney can help draft the complaint to present your allegations in the strongest light. Filing it formally begins an official investigation into the reported misconduct.

Cooperate Fully with Investigations

As regulators or law enforcement investigate your whistleblower complaint, cooperate fully with document requests, interviews, and other inquiries. Have your lawyer represent you during this process. Answer all questions honestly – dishonesty could undermine your credibility. Your cooperation helps speed resolution of the case.

Assess Settlement Options

Many whistleblower cases end in settlement agreements prior to going to court. This avoids a potentially lengthy trial process. Your lawyer will negotiate aggressively to obtain the largest possible settlement reflecting the extent of damages from the uncovered misconduct. Settlements often include non-disclosure clauses to keep terms confidential. Weigh any settlement offers carefully with your attorney’s counsel.

Proceed to Trial if Necessary

If those accused of wrongdoing refuse to settle, your whistleblower attorney can build a convincing trial case using your testimony, documentary evidence, and expert witnesses. Whistleblowers are protected from having to pay any litigation costs. If you win at trial, the defendants are liable for your legal expenses. Your lawyer will be by your side throughout the trial process.

Blowing the whistle on corporate or governmental misconduct takes courage. With an experienced whistleblower attorney advising you every step of the way, you can rest assured your rights will be protected. Follow these steps when seeking legal counsel to put your case on the strongest footing right from the start.