Can being a whistleblower really mean getting money for putting my job at risk?
 
Absolutely! The US Department of Justice published a survey of recoveries from 1987 to 2010. Without the help of whistleblowers (and just limiting this to the Federal False Claims Act), the DOJ recovered 9.027 Billion. With the help of whistleblowers, over 18 Billion was recovered. Whistleblowers themselves received 2.877 billion!
 
What are some sample recoveries?
 
Pfizer, Inc . paid $2.3 Billion for illegal kickbacks and illegal marketing of drugs such as Lipitor, Viagra and Celebrex;
 
Eli Lilly & Co paid $1.415 billion for promoting drugs for unapproved purposes;
 
GlaxoSmithKline paid $750 for selling adulterated drugs;
 
Purdue-Frederick co paid $634.5 million for illegal misbranding of Oxycontin;
 
Los Angeles Department of Water and Power for overcharging customers $160 million;
 
Smithkline Beecham Clinial Laboratores, $325 million for charing the government for tests that were not performed.
Merck  paid $650 million for kickbacks and Medicaid Best Practice violations.
 
University of Phoenix paid 67.5 million for violations of student loan regulations.
 
Walgreens paid $120 million for improper drug testing
 
Companies agreeing to these enormous fines are not limited to health care, although that is certainly the largest by category in the last few years. Chevron has paid $95 million; Mellon Bank, 16.5 million; United Technologies, $150 million.
 
 
Can I sue individually for my own emotional distress and reinstatement to my job as part of my federal or California state false claim action?
 
Depends. As a strategic matter we may advise you to have us represent you in two separate lawsuits. In many cases we will first file a state wrongful termination lawsuit (if you’ve been fired or forced to quit) in order to get documents to support a federal or state false claim. Then, when we file the false claim action, we may also add causes of action for retaliation and reinstatement. This also allows the whistbleblower to participate in discovery.
 
Does California have any type of whistleblower law specific to employees?
 
yes! Labor Code 1102.5 prohibits retaliation when an employee reasonably believes the employer is breaking the law. Of tremendous importance is the fact that a report to the employer is deemed the same as a report to a governmental agency. In short, it is not necessary to report illegal activity to an outside agency as long as the employer is advised. Both public and private California employees have the right to sue under this section. In Colores vs. Housing Authority of Los Angeles,a finance department employee complained of financial irregularities. in Parada vs City of Colton a building inspector successfully sued after being fired for reporting co-worker violations of building permit laws.
 
My employer makes us work in highly unsafe conditions. Am I entitled to a lawsuit if I am fired for complaining?
 
yes. California Labor Code 6310 and 6311 protect you. As with Labor Code 1102.5, it is not necessary to report to an outside agency such as OSHA or CAL OSHA as long as you advise your employer of the unsafe working condition and suffer some type of adverse action such as demotion or termination.
 
Do I have to file a complaint with any agency prior to filing for Labor Code 1102.5 violations?
 
no. You may go directly to court. Same for unsafe working conditions unde rLC 6310or 6311.
 
What does the employer need to show in order to win in court?
 
Under Labor Code 1102.6, the employer must show by clear and convincing evidence that your whistleblowing was not the reason for your termination or other adverse action. In other words, the employer must show that you would have been disciplined the same amount even if you had not blown the whistle