Whether a whistleblower can remain anonymous often depends on the law under which they are reporting a potential violation. There are some cases where someone who comes forward simply cannot maintain their anonymity. In other cases, the employer may eventually come to find out the identity of the whistleblower because they would be required to testify at some point. Regardless of whether a whistleblower’s identity is known or unknown, they are entitled to certain legal protections, and they can file a lawsuit if they have been violated.

Examples of Whistleblowers in the Workplace

Whistleblowers can come forward under a number of contexts under both federal and state law. Among other things, they can report the following violations of laws or regulations:

  • Accounting fraud and other types of corporate misconduct under the Sarbanes-Oxley Act.
  • Fraudulent invoices to the government under the False Claims Act.
  • Workplace safety violations of OSHA rules.
  • Dangers of products that the company manufactures.

Your Identity as a Whistleblower Could Eventually Become Known

Many of the relevant laws have provisions that allow for a whistleblower to file their initial complaint in secret. However, if you are filing a qui tam lawsuit, you would be able to remain anonymous during the government’s initial investigation process, but the seal would eventually be lifted as the case progresses, meaning that the employer would eventually be able to learn your identity. Even though you may be entitled to a percentage of the proceeds of the compensation that is recovered on behalf of the government, you are still taking an immense risk by coming forward.

The company does not always know right away who was the one who reported violations. The goal of the process is to protect the identity of the whistleblower. In a way, the fact that the whistleblower has the potential to remain anonymous could encourage them to come forward without risking their career and reputation.

Although anonymity is at least the goal, it does not always happen in practice. Companies often engage in their own unofficial and secret investigation to determine the identity of the whistleblower. In some cases, management would simply suspect that a specific employee was the one who came forward. Whistleblowers are subject to retaliatory actions by their employers, who may both threaten their jobs and try to place a black mark on their careers. While these actions are illegal under every law, they certainly happen in many workplaces and contexts.

Even though you can attempt to keep your identity confidential as a whistleblower, it can be very difficult to do so throughout the process. The employer is often going to exert a tremendous amount of pressure on employees to give up the identity of the whistleblower, even though they may be breaking the law. Nevertheless, you should consult with an experienced employment lawyer before you come forward as a whistleblower, so they can help you take as many steps as possible to protect your identity.

Damages in Whistleblower Lawsuits

If an employer takes actions to retaliate against you because you have come forward, you can sue them for damages. Whistleblower lawsuits can mean that you are compensated for the following:

  • Back pay for the earnings that you lost.
  • Future damages for the harm that was done to your career and your earnings potential.
  • Emotional distress, for the mental health difficulties that you have endured from the illegal conduct.
  • Lawyer’s fees.

If an employer’s actions were egregious enough, a jury may even order them to pay punitive damages. This prospect may force your employer to negotiate a settlement with you before your case goes to a jury.

Contact the Marlton Employment Lawyers at Burnham Douglas Today Regarding Your Employment Rights

If you have been retaliated against as a whistleblower or need advice on how to come forward, reach out to the Marlton employment lawyers at Burnham Douglas. For a free consultation, call us today at 856-751-5505 or contact us online. We are located in Marlton and Northfield, New Jersey.