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Whistleblowers in Philadelphia are protected from retaliation and discrimination by law. Once a whistleblower invokes these protections, it is illegal to retaliate against him or her, or even learn his or her identity if the whistleblower chooses to remain anonymous.
The purpose of these laws is to provide a path to those holding valuable information about a company or employer to feel protected while giving that information to the proper authorities or entities. It ensures that no company or employer is above the law under any circumstances. The experienced attorneys at the Derek Smith Law Group have spent more than 25 years helping whistleblowers maintain their legal protections and receive compensation if those protections are violated.
Whistleblower laws in Philadelphia are very unique. Pennsylvania’s whistleblower laws apply only to two types of employees: (1) those employed by a public company or (2) those employed by a private company that gets funding of any type from the federal or state government. According to the Pennsylvania Whistleblower Law, Act of Dec. 12, 1986, P.L. 1559, No. 169, a whistleblower is employed by a public sector company or a private sector company that is funded at least in part by federal or state money and reports wrongdoing conducted by any member of the company or the company itself to his or her supervisor or someone who can act on the information. There key points to being known as a whistleblower and entitled to the protection of a whistleblower include:
In Pennsylvania, a whistleblower attorney has two roles: (1) to help you protect yourself when you are ready to report your employer for fraudulent behavior and (2) help you bring suit against an employer who has retaliated against you by terminating your employment or other retaliation because you reported the wrongdoings.
Derek Smith Law Group handles Pennsylvania whistleblower claims with finesse and care to help you navigate the legal system and fight for your rights during this already difficult time.
The most prominent law that protects Whistleblowers in Pennsylvania is the Whistleblower Protection Law, also known as the Act of 1986. This law makes it illegal for employers to retaliate against employees who report covered actions to a supervisor, a person that can act upon complaints on behalf of the company or governing agency.
Philadelphia also has its own law to protect whistleblowers, known as the Philadelphia False Claims Act. This law allows Philadelphia employees to report claims to the Philadelphia City Solicitor. The Solicitor will investigate the claim and then can designate the whistleblower to file a qui tam action on behalf of the city. Under a Qui Tam Action, the whistleblower is entitled to receive between 15% and 30% of the funds recovered by their claim and resulting lawsuit.
Federally, two laws protect Whistleblowers:
Whistleblower actions include reporting a company or supervisor for wrongdoings relating to:
Discrimination against a whistleblower can include:
Even though a whistleblower must be employed by a company that is either a government entity or has a portion of funding come from the federal or state government, the types of fraud involved are vast. There are numerous types of fraud that constitutes a whistleblower case in Pennsylvania. Below is a sampling of frauds by Philadelphia and Pennsylvania whistleblower cases:
Committing fraud related to Medicaid or Medicare is covered under the Pennsylvania Whistleblower Law. Medicare and Medicaid are government health care. Therefore, any organization that accepts these forms of payment are collecting and therefore partially funded by a government entity. This is also part of the False Claims Act or a Qui Tam action. If you work for a company that is active or has committed Medicaid or Medicare fraud, you may have a whistleblower case.
This is another example of a Qui Tam action. If a contractor misuses funds or files false invoices, they are committing a false claims violation. Reporting this company may be cause for a whistleblower claim.
Environmental fraud is a thing. If an employer is violating an environmental statute and is a government-owned company or partially funded by a government-owned company, any retaliation against the person reporting the fraud would be covered under the whistleblower protection act.
There are many reasons mail fraud is a problem. A person is not even allowed to put items in a mailbox that is not mail. If you report your company committing mail fraud, you may have a whistleblower action.
This is another item covered under the False Claims Act. Misappropriating federal student loan funds or falsely collecting federal student loan funds for an unaccredited institution can lead to a whistleblower action that could be protected under the Whistleblower Protection Law.
Social Security fraud is also known as SSRI fraud. This type of fraud is when social security funds are falsely obtained or misappropriated. This is another example of a Qui Tam Action and can be covered under whistleblower protection.
Attempting to illegal get items through US customs without paying proper taxes would be an example of US customs fraud. An employee who exposes a company’s attempt at US customs fraud may have a whistleblower action.
Under federal laws, a whistleblower is given a time limit of 180 days from the date of the retaliation or other unfair treatment to file a claim. Pennsylvania law also provides 180 days to file a claim for retaliation to whistleblower actions.
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It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
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Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial
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Retaliation against a whistleblower provides several remedies under federal and state laws. Since 2018, the laws have changed to allow damages that are not solely based on economic factors, such as:
As you know, whistleblowers are a necessity to help keep the world honest. Employers of all kinds and with all intentions can turn to fraudulent activities in desperate times. However, being a whistleblower has its costs and can be quite challenging. Here are a few helpful hints to help you prepare for the worst before you decide to blow the whistle:
Whistleblower protections are the backbone of keeping companies honest. Without protecting our whistleblowers, companies can misuse government money and never see justice.
It is our job to protect our whistleblowers to keep them willing to bring wrongdoing to the proper authorities.
If you are the victim of whistleblower discrimination or retaliation, Derek Smith Law Group can help. Contact us today at (215) 391-4790 for your free consultation. We do not collect money until you win your case.
Our experienced legal team provides reliable services in key U.S. cities, ensuring expert assistance for workplace discrimination and employment law matters wherever you are located.