At Berger & Montague, we know from experience that one of
the biggest concerns potential whistleblowers have is whether
they'll be able to remain anonymous throughout the whistleblower
process. Retaliation from employers is a very real fear, and
potential whistleblowers want to be sure they won't face workplace
retribution after bringing a false claims action against their
While a whistleblower can remain anonymous up to a certain point
in the process, if the government decides to pursue an action under
False Claims Act (FCA), the whistleblower's identity will be
revealed. However, there are steps you can take to be an anonymous
whistleblower for as long as possible.
This may seem obvious, but it's much harder to remain an
anonymous whistleblower when you report your concerns to your
company rather than going directly to the appropriate government
agency. Even if you contact your company anonymously, there's a
chance they could discover that you're the whistleblower.
The best course of action is to
retain a whistleblower lawyer and report the fraud or
misconduct directly to the government. A whistleblower lawyer will
help navigate the whistleblower system and ensure you take full
advantage of the numerous protections and rewards offered under
various whistleblower laws. Under the Dodd-Frank Act,
whistleblowers can even make an anonymous submission through their
attorney, so that even the government doesn't know the
Under the FCA, the whistleblower's complaint will remain under
seal for 60 days. This allows the government to investigate the
claim without anyone knowing about it. The government routinely
asks for seal extensions, and the period of investigation can
easily last a year or longer. The whistleblower remains anonymous
during this time.
At the end of the investigation, the government will decide
whether it wants to pursue the whistleblower's action. If so, the
whistleblower's identity will be revealed.
Yes. The FCA contains an
anti-retaliation provision that prohibits an employer from
retaliating against an employee "because of lawful acts done by the
employee…in furtherance of an action." 31 U.S.C. §3730(h).
Prohibited retaliation includes:
If a company violates the FCA's anti-retaliation provisions,
they will be required to reinstate the whistleblower at the same
level of seniority and pay two times the amount of back pay.
If you have discovered evidence of government fraud,
contact an experienced False Claims Act attorney before blowing the
whistle. You may be entitled to a substantial reward and the legal
protections afforded to whistleblowers under state and federal
laws. The attorneys of Berger & Montague are nationally
recognized experts in Whistleblower/Qui Tam actions with over a
decade of experience pursuing these complex fraud cases. For more
information or to schedule your confidential consultation, use the
form on this page or call us at 1-800-424-6690.
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Your information will remain confidential and we will work to
protect your rights.