7 Frequently Asked Questions About Whistleblower Protections and Retaliation

WHAT IS A WHISTLBLOWER?

A whistleblower is anyone who has and reports insider knowledge of illegal activities occurring in an organization. A whistleblower can be an employee, supplier, contractor, client, or any individual who becomes aware of illegal business activities.​

WHAT LAWS GOVERN RETALIATION?

If you are thinking of blowing the whistle call Nashville whistleblower attorney Timothy l. Miles today

​​​In the United States, the False Claims Act (FCA), also known as the Whistleblower Protection Act, provides legal safeguards against retaliation for individuals who report fraudulent activities committed by their employers or organizations. This law prohibits retaliation, such as harassment, threats, demotions, terminations, or any other form of discrimination, against whistleblowers for their decision to come forward.

The Whistleblower Protection Act extends these protections to federal employees, preventing federal agencies from firing, demoting, blacklisting, or engaging in other retaliatory actions against whistleblowers. Additionally, the Act grants whistleblowers the right to seek remedies, including reinstatement if terminated or demoted, back pay, and compensatory damages.

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WHAT ARE MY REMEDIES IF I AM RETALIATD AGAINST?

If an individual experiences retaliation for blowing the whistle, they can file a lawsuit against their employer, seeking various remedies to deter such actions. These remedies may include:

• Back pay (wages and benefits lost due to unlawful termination)
• Reinstatement to the whistleblower's former job
• Front pay (wages and benefits to cover the time needed to find a new job)
• Out-of-pocket losses (e.g., the costs of finding a new job)
• Damages for pain and suffering
• Punitive damages
• Attorney's fees and court costs

It is crucial for individuals considering blowing the whistle to understand their rights and the protections afforded to them under the law. Consulting with an experienced Nashville whistleblower attorney such as Timothy L. Miles can provide valuable guidance on navigating the legal process and ensuring that their whistleblower protections are upheld.

WHAT ALL DOES THE FALSE CLAIMS ACT COVER?

​The False Claims Act covers a wide range of industries and sectors where fraud against the government may occur, including:

• Medicare and Medicaid fraud
• Defense contractor fraud
• Healthcare fraud
• Pharmaceutical fraud
• Environmental fraud
• Federal crop insurance fraud
• Construction fraud
• Federal student loan fraud
• Securities fraud

By providing a legal framework and financial incentives for whistleblowers, the False Claims Act has proven to be an effective tool in combating fraud, recovering billions of dollars for the government, and promoting accountability within various industries.

Does whistleblower protections mean you Can Remain Anonymous as a Whistleblower?

Give Nashville Whistleblower attorney Timothy L. Miles at call if you are considering blowing the whistle

​​​The False Claims Act requires that a qui tam lawsuit be kept “under seal” while the case is under investigation. This means that anyone other than the U.S. Department of Justice, the U.S. attorney, and the assigned judge of the District Court cannot view the details of your case until the case becomes unsealed. If you have any concerns about your anonymity during this process, it’s a good idea to speak with a Nashville whistleblower attorney and learn more about the whistleblower protections and other laws that will affect your case.  A Nashville whistleblower attorney can explain the process of filing under seal including how you can retain your anonymity.

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WHAT IS A PRIMA FACIE CASE FOR RETAILIATION?

The following factors are the basic components of most whistleblower protection claims:

1. That the plaintiff is an employee or person covered under the specific statutory or common law relied upon for action;
2. That the defendant is an employer or person covered under the specific statutory or common law relied upon for the action;
3. That the plaintiff engaged in protected whistleblower activity;
4. That the defendant knew or had knowledge that the plaintiff engaged in such activity;
5. That retaliation against the employee was motivated, at least in part, by the employee’s engaging in protected activity;
6. That plaintiff was discharged or otherwise discriminated against with respect to his or her compensation, terms, conditions or privileges or employment; or suffered some other wrong actionable under state tort or contract theory;
7. That the plaintiff can demonstrate, by a preponderance of the evidence, that he or she would not have been subject to an adverse action in the absence of their protected whistleblower conduct.

WHAT IS THE STATUTE OF LIMITATIONS FOR BRINGING A CLAIM?

One of the biggest drawbacks in many whistleblower protection statutes is the very short statute of limitations for whistleblower cases. Moreover, the failure to comply with a statute of limitations is one of the favorite defenses in whistleblower cases. The statute is generally considered to start from the time an employee learns that he or she will be retaliated against- not the last day of employment. Each state has its own statute of limitations for common law wrongful termination actions. Federal statutes protecting whistleblowers also have their own statutes of limitations, some are as short as 30 days. If you are unsure about the statute of limitations which governs your particular claim, call Nashville Whistleblower attorney Timothy L. Miles. 

If You Are Thinking of Blowing the Whistle, Contact Nashville Whistleblower Attorney Timothy L. Miles Today

​If you have knowledge of fraud against or by the federal government, contact Nashville whistleblower attorney Timothy L. Miles who can guide you through the whistleblower process and explain your whistleblower protections.  The consultation is free and confidential. Just complete the form below to get started or call (855) Tim-M-Law.  Ask a Nashville whistleblower attorney, you could be entitled to a significant whistleblower award. 

​Please also visit our Resources center which provides a wealth of information on whistleblower lawsuits, among others.

​Call today and see what a Nashville whistleblower attorney can do for you.

The Law Offices of Timothy L. Miles
Tapestry at Brentwood Town Center
​300 Centerview Dr., #247
Brentwood, TN 37027
Phone: (855) 846–6529
​​Email: [email protected]

Nashville whistleblower attorney Timothy L. Miles ​

Timothy L. Miles is a top-rated and AV preeminent lawyer in Nashville, Tennessee and a nationally known class action and products liability lawyer who has been leading the fight to protect consumer rights for over 22 years. Mr. Miles received a Bachelor of Science in Psychology from Belmont University in Nashville, Tennessee in 1995 and his J.D. from the Nashville School of Law in May 2001, graduating third in his class, and was made a member of the Honorable Society of Cooper’s Inn which is reserved for students graduating in the top ten percent of their class.

He is admitted to practice before the Tennessee Supreme Court; the United States District Court for the Western, Middle and Eastern Districts of Tennessee and the District of Colorado; and the Sixth Circuit Court of Appeals.  He is a member of the Nashville Bar Association; National Trial Lawyers Association; and Harry Phillips American Inns of Court (Student Member 2000). Mr. Miles has dedicated his career to representing consumers and shareholders in complex class-action litigation, products liability and mass torts.

Whether serving as lead, co-lead, or liaison counsel, Mr. Miles has helped recover millions of dollars for aggrieved consumers, shaped precedent-setting decisions, and delivered real corporate governance reforms. Judges and peers have repeatedly recognized Mr. Miles’ relentless advocacy for the underdog, as well as his unbendable ethical standards.
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For example, Mr. Miles is a member of the prestigious Top 100 Civil Plaintiff Trial Lawyers: The National Trial Lawyers Association, which is by invitation only and is “extended to those attorneys who exemplify superior qualifications, trial results, and leadership in their respective state based upon objective and uniformly applied criteria.” The National Trial Lawyers Association explained the significance of this honor: “With the selection of Timothy L. Miles by The National Trial Lawyers: Top 100, [Mr.] Miles has shown that he exemplifies superior qualifications, leadership skills, and trial results as a trial lawyer. The selection process for this elite honor is based on a multi-phase process which includes peer nominations combined with third party research.” Further, “[m]embership is extended only to the select few of the most qualified attorneys from each state or region who demonstrate superior qualifications of leadership, reputation, influence, stature and public profile measured by objective and uniformly applied standards in compliance with state bar and national Rule 4-7.”
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Additionally, Mr. Miles has maintained an AV Preeminent Rating in securities law with Martindale-Hubble since 2014, their highest award given. The coveted AV Preeminent rating is reserved for “[a]n elite group of approximately 10 percent of all attorneys.”  Additionally, while Martindale’s peer review ratings have been trusted for decades because they are based on the opinions and feedback of fellow legal practitioners, the organization’s special judicial edition rating, which Mr. Miles received this year for the sixth year in a row, is an even higher honor. As Martindale notes, the prestigious judicial rating is its highest possible distinction, and is representative of the opinions of both a lawyer’s peers and members of the judiciary.

CONTACT                                                      
The Law Offices of Timothy L. Miles
Tapestry at Brentwood Town Center
​300 Centerview Dr., #247
Brentwood, TN 37027
​​Phone:(855) 846-6529
​Email: [email protected]
​Websites:
www.classactionlawyertn.com
​www.dangerousdrugslawyertn.com
www.stocklosslawyertn.com
www.masstortsheadquarters.com