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Clemenza Concierge

Reporting fraud and whistleblower rewards

You did the right thing, and now you're paying for it

You raised the billing problem with compliance, and a few weeks later your position was eliminated. You told the SEC what you'd seen in the quarterly numbers, and suddenly your reviews turned bad and nobody copied you on email anymore. Punishing someone for reporting fraud is against the law in many situations, and several of the laws that forbid it make an employer who loses pay the employee's lawyer fees.

If what you reported was about something other than fraud, such as discrimination, unpaid wages or safety, our page on being fired unfairly is the better place to start.

Tell us what happened

The laws that may protect you

Which law fits depends on what kind of fraud you reported, and to whom. The main ones:

  • The False Claims Act protects employees, contractors and agents who are punished for trying to stop fraud on federal money, or for helping with a whistleblower case about it. New York has a similar law for fraud on state and local money.
  • The Sarbanes-Oxley Act protects employees of public companies who report securities fraud and certain other kinds of fraud to a government agency, to Congress, or to a supervisor.
  • The Dodd-Frank Act protects people who report securities law violations to the SEC, and a similar law protects people who report to the CFTC.
  • Federal tax law protects employees who report tax underpayments or tax fraud.
  • State laws, such as New York's, protect employees who report, or threaten to report, conduct they reasonably believe breaks the law.

Why the order of steps matters

Some of these protections apply only if you reported to the right place. The Supreme Court has held that the Dodd-Frank protection covers only people who reported to the SEC itself, not only inside the company. The Sarbanes-Oxley protection, on the other hand, can cover a report to your own supervisor. Get advice before you decide where to report, and before you report again.

The first deadline can be short

Some retaliation claims have to begin with a complaint to the U.S. Department of Labor, and that window is short. For some of them, it runs from the retaliation itself, even if you only learned of it later. Others go straight to court, with more time. If you've been punished for reporting, say so in your first message.

What a claim can recover

Depending on the law, a successful claim can include getting your job back, back pay with interest, other losses, and the lawyer fees and costs of bringing the claim. Some of these laws double the back pay. A retaliation claim is separate from any whistleblower reward, and the two can go forward side by side.

What helps to have ready

  • When you reported, to whom, and how: in person, by email, or to a government agency.
  • A copy of any written report you made, if it's yours to keep.
  • The letter or message telling you what happened to your job, or a note of exactly what you were told.
  • Performance reviews from before and after you reported.
  • Names of coworkers who saw what happened.
  • Any severance agreement you've been offered, unsigned.

Where we fit in

A lawyer at our firm looks at your case. If we take it and another firm is better placed to lead it day to day, we choose that firm from firms we have vetted for their expertise and track record, and we stay responsible for your case with them.

Questions people ask

I only reported inside the company. Am I protected?

Possibly. Some laws, including Sarbanes-Oxley and New York's, can protect a report to a supervisor. Others, including the Dodd-Frank protection for securities whistleblowers, cover only reports made to the government agency. It's worth asking before you take the next step.

They offered me severance. Should I sign?

Not before a lawyer looks at it. A severance agreement usually asks you to give up your claims against the employer, and signing can end a retaliation claim for good.

What does it cost?

It costs nothing to ask. Lawyers who bring retaliation claims often work on a contingency fee, a share of any recovery, and several of these laws let an employee who wins recover lawyer fees from the employer.

  • Whistleblower rewards

    If you haven't reported yet, or want to understand the reward programs.

  • Fired unfairly

    If you were punished for speaking up about discrimination, pay, leave or safety rather than fraud.

More about reporting fraud and whistleblower rewards

This page explains things in general terms. It is not legal advice about your situation, and the law differs from state to state.