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How to handle litigation as a whistleblower for business fraud

On Behalf of | Dec 10, 2024 | Fraud Allegations |

Whistleblowers are invaluable for uncovering business fraud and holding companies accountable. Employers are not allowed to retaliate against whistleblowers, but litigation can still occur. 

If you face litigation because a malicious employer is wrongfully retaliating against you, there are steps you can follow. Understanding legal protections and preparing for potential challenges can help whistleblowers handle litigation.

Know your rights under Florida law

Florida’s Whistleblower Act provides protection for employees who report fraudulent activities. This law prohibits retaliation against whistleblowers, including termination, demotion or other adverse actions. Whistleblowers may file a complaint if they experience retaliation after reporting fraud. In addition, federal laws like the False Claims Act can apply if the fraud involves government funds.

Gather evidence carefully

As a whistleblower, you should document fraudulent activities thoroughly. Clear and detailed records, including emails, invoices and internal reports, can strengthen a case. Ensure that you collect the evidence legally. Improper handling of documents may complicate the situation.

File a formal report

Whistleblowers must report the fraud to the proper authorities or governing agencies. In some cases, reporting to a supervisor or internal compliance team may be necessary first. You can then escalate the issue externally afterward. If the fraud involves government contracts, reporting to state or federal agencies may be the next step.

Participate actively in the process

Whistleblowers may need to provide testimony, attend hearings or cooperate with investigations. Preparing for these requirements and staying organized can make the process smoother. Understanding the potential outcomes, such as settlements or damages, helps manage expectations.

Handling whistleblower litigation in Florida requires understanding the entire reporting process and the legal protections that apply to you. Staying informed and prepared can help whistleblowers achieve a fair resolution.

Founding Partners Damaso W. Saavedra and Allyson D. Goodwin

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