Do you suspect that your employer is committing fraud against the government?
Have you uncovered evidence that your employer is cheating the government out of income by filing a less than accurate tax return each year?
If your employer doing anything else that is ultimately costing the government money in the form of lost revenue or wasted expenses? If the answer to any of these questions is “yes” you may be unsure how to proceed. Should you report your suspicions and “blow the whistle” on your employer?
If so, to whom? Most important of all, can a whistleblower remain anonymous or confidential?
Realizing that your employer is breaking the law is not a position most people want to be in for obvious reasons.
Chief among those reasons is the fact that your employment is now likely in jeopardy one way or the other.
If you do and say nothing about your employer’s fraud, misconduct, or illegal activities you could eventually be implicated yourself depending on your position within the company.
On the other hand, if you speak out your employer is not likely to be happy about it, putting your job on the line. Fortunately, both state and federal whistleblower laws protect you from retaliation for coming forward.
A whistleblower, formally referred to as a “relator”, may remain anonymous through the investigation stage of a complaint in most cases.
If the False Claims Act, or FCA, is relied on by the relator, for example, the relator will file a formal complaint and disclose the complaint to the appropriate government agency, typically the Department of Justice. The DOJ then investigates the allegations and decides whether or not to join the complaint. During the investigation period the complaint remain under seal, meaning that all information contained herein is confidential.
In fact, even the government may not know the identity of the whistleblower if an attorney represents the individual and he or she wishes to remain anonymous as long as possible.
Often, a relator is officially able to remain anonymous until he or she is needed to testify at a grand jury hearing or trial.
Of course, there is no guarantee that an employer will not eventually form an opinion as to who the whistleblower is; however, that opinion will not be officially confirmed until after the government has decided to step in or pass on the complaint.
If you have specific questions about whistleblower complaints, or you believe you have uncovered evidence of misconduct on your employer’s behalf, contact an experienced Florida employment law attorney right away.