FEDERAL WHISTLEBLOWERS IN MARYLAND AND WASHINGTON, D.C.: A Primer by Whistleblower Attorney Charles Jerome Ware (PART I)

The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, specializes in the protection of whistleblowers and their careers. We are: "Still working. Still committed. Still here to make a difference."

We believe that no employee should be punished for doing the right thing, and in particular those employees who have the courage and integrity to blow the whistle on corporate fraud, waste, and other unlawful actions. The U.S. Congress has enacted several laws that provide whistleblowers with protection from employer retaliation as well as monetary rewards for their service.

The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is well-experienced in protecting whistleblowers.

You may have a claim as a Whistleblower if:

• You have uncovered illegal or unethical activity by your employer that you wish to report.
• Your employer is retaliating against you, or has retaliated against you, for reporting fraud or wrongdoing.
• You have reported, or you wish to report, the bribery of foreign government officials by U.S. companies or individuals.
• Your employer has engaged in, or is engaging in, fraudulent practices undermining the U.S. government such as double-billing, overcharging, or improper billing or coding.
• You need to protect your career because you have reported your employer's illegal or unethical conduct.
• Your reputation and/or financial stability is on the line because you did the right thing and spoke out about illegal or unethical activity.

Our attorneys have represented several individuals successfully in whistleblower claims, including:

• In-house counsel, chief financial officers and other executives,
• Doctors, nurses, Medicare billing specialists, accountants, and other employees of healthcare providers,
• Employees of government contractors who blow the whistle on employers who defraud the government
• Federal employees opposing fraud, waste, and abuse

Be aware that in the Maryland and Washington, D.C. area, as well as throughout the United States, there are a number of whistleblower laws enacted to protect you: whether you have experienced employer retaliation because you have done the right thing and spoken out when your employer violated the law or acted unethically; or, even, whether you simply have information but are afraid to speak out.

Some Whistleblower (or Retaliation) Statutes:

The decision for an employee to step up and blow the whistle on his employer, etc., can many times be a difficult one to make. We are here to help you make that decision. Some of the many laws available to protect the right of bona fide whistleblowers include:

• Maryland Whistleblower Act, SPP 5-201, et seq.:. This law prohibits retaliation leveled against an employee who reports abuses of employer power, safety violations, or gross mismanagement of money.
• Maryland False Health Care Claims Act (MD FCA). The MD FCA is similar to the Federal False Claims Act and authorizes the state government to reward whistleblowers who report attempts to defraud a Maryland state health plan or program. The law also prohibits employers from retaliating against employees who report the fraud or participate in a government investigation.
• Federal False Claims Act (FCA). The FCA authorizes the federal government to reward whistleblowers who report information regarding fraud committed by contractors against the federal government. Additionally, the law prohibits employers from retaliating against employees who report the fraud or participate in the government’s investigation.
• Sarbanes-Oxley Act (SOX) 18 U.S.C. § 1514A. SOX prohibits corporations from retaliating against employees who report fraud committed against the shareholders. Examples of protected conduct include reporting an employer’s improper entries on financial statements, raising a concern about a supervisor’s practice of backdating letters of credit, or reporting any other practices that the whistleblower reasonably believes would mislead shareholders.
• Dodd-Frank Act (DFA). The DFA establishes three new whistleblower anti-retaliation provisions.
• SEC Whistleblower. The SEC must reward whistleblowers who report corporate fraud exceeding $1 million. The law prohibits employers from retaliating against whistleblowers.
• Commodity Futures, Options, and Derivatives CFTC Whistleblower. The CFTC must reward whistleblowers who report the illegal manipulation of derivatives and options. The law prohibits employers from retaliating against whistleblowers.
• Financial Services Whistleblower. The law prohibits employers from retaliating against employees who report fraud related to a financial product or service, i.e., mortgages, credit cards, financial advice, etc....

Age Discrimination in Employment Act (ADEA)

29 U.S.C. § 623(d)

Americans with Disabilities Act (ADA)

42 U.S.C. § 12203(a) 29 C.F.R. Part 1640

Civil Rights Act of 1964 (“Title VII”)

42 U.S.C. § 2000e-3(a)

Clayton Act (antitrust)

15 U.S.C. § 15(a)

Clean Air Act

42 U.S.C. § 7622 29 C.F.R. Part 24

Comprehensive Environmental Response, Compensation and Liability Act (“Super Fund”)

42 U.S.C. § 9610 29 C.F.R. Part 24

Employee Retirement Income Security Act (ERISA)

29 U.S.C. § 1132(a), 1140

Energy Reorganization Act

42 U.S.C. § 5851 29 C.F.R. Part 24

Equal Pay Act

29 U.S.C. § 206(d)

Fair Labor Standards Act (wage & hour, child labor, minimum wage, overtime)

29 U.S.C. § 215(a)(3) 29 C.F.R. Part 783

False Claims Act

31 U.S.C. § 3730(h)

Family and Medical Leave Act [“FMLA"]

29 U.S.C. § 2615

National Labor Relations Act

29 U.S.C. § 158(a)(4)

Occupational Safety and Health Act

29 U.S.C. § 660(c) 29 C.F.R. Part 1977 (“Part 11(c)”)

Safe Drinking Water Act

42 U.S.C. § 300j-9

Sarbanes Oxley Act

18 U.S.C. § 1514A

Solid Waste Disposal Act

42 U.S.C. § 6971 29 C.F.R. Part 24

Toxic Substances Control Act

15 U.S.C. § 2622 29 C.F.R. Part 24

[www.whistleblowerlaws.com/ Whistlerblower Protections Act; www.ehow.com/ Whistlerblower Protection Act of 2009; www.bizjournals.com/Baltimore/ Fale Medicaid Claims; www.falseclaimsact.com; www.justice.gov/ False Claims Cases; "Blowing in the Wind: Answers for Federal Whistleblowers", 3 William & Mary Policy Review 184 (2012); Joel Hesh, Whistleblowing: A Guide To Government Reward Programs, Goshen Press (2009)]