Delaware Whistleblower Lawyers

Whistleblowers who step forward to report fraud or other wrongdoing deserve strong legal protection and experienced representation. Whether you have witnessed fraud against the government, violations of securities laws, or workplace retaliation for reporting illegal activity, the whistleblower attorneys at Oberheiden, P.C. provide the necessary representation to protect employee rights and pursue justice throughout Delaware. 

Contact us today to discuss your case with knowledgeable Delaware whistleblower lawyers who understand both federal and state whistleblower protections.

Understanding Federal Whistleblower Protections

Federal law provides multiple avenues for whistleblowers to report fraud and illegal conduct while protecting them from retaliation. These laws not only shield whistleblowers from adverse employment actions but also create financial incentives for individuals who help the government recover funds lost to fraud.

The False Claims Act and Qui Tam Provisions

The False Claims Act is one of the most powerful tools available to whistleblowers who have evidence of fraud against the federal government. Under 31 U.S.C. Section 3729, the Act prohibits submitting false claims for payment to the government, making false statements to avoid paying money owed to the government, and conspiring to defraud the government.

The qui tam provisions of the False Claims Act allow private citizens, known as relators, to file lawsuits on behalf of the government against parties committing fraud. When a qui tam case results in recovery of funds, the whistleblower may receive between 15 and 30 percent of the amount recovered, depending on whether the government intervenes in the case and the whistleblower’s contribution to the prosecution.

Common types of fraud reported under the False Claims Act include:

• Healthcare fraud involving Medicare, Medicaid, or TRICARE billing schemes
• Defense contractor fraud related to overcharging or delivering substandard products
• Procurement fraud involving false certifications or kickbacks
• Grant fraud where recipients misuse federal research or education funding
• Small business fraud involving misrepresentation to obtain set-aside contracts

The False Claims Act also contains robust anti-retaliation provisions under 31 U.S.C. Section 3730(h), protecting whistleblowers from discharge, demotion, suspension, threats, harassment, or discrimination because of their lawful involvement in False Claims Act cases. Whistleblowers who experience retaliation may seek reinstatement, double back pay with interest, compensation for litigation costs, and other appropriate relief.

SEC Whistleblower Program

The Securities and Exchange Commission administers a whistleblower program under the Dodd-Frank Wall Street Reform and Consumer Protection Act that rewards individuals who report securities law violations. Whistleblowers who provide original information leading to successful enforcement actions resulting in monetary sanctions exceeding $1 million may receive awards ranging from 10 to 30 percent of the collected funds.

The SEC program covers violations, including insider trading, market manipulation, accounting fraud, bribery of foreign officials under the Foreign Corrupt Practices Act, and offering fraud. The program allows for anonymous submissions when whistleblowers work with attorneys and provides strong anti-retaliation protections.

IRS Whistleblower Program

The Internal Revenue Service operates a whistleblower program that compensates individuals who report tax fraud and underpayments. For cases involving more than $2 million in dispute, whistleblowers may receive 15 to 30 percent of collected proceeds. The program addresses tax evasion, unreported income, fraudulent deductions, and abusive tax shelters.

Additional Federal Protections

Numerous other federal statutes protect whistleblowers in specific industries: 

• The Occupational Safety and Health Act protects workers who report safety violations
• The Clean Air Act and Clean Water Act shield environmental whistleblowers
• The Sarbanes-Oxley Act protects employees of publicly traded companies who report securities fraud or shareholder fraud
• The Consumer Financial Protection Bureau administers a program rewarding whistleblowers who report violations of consumer financial protection laws

Delaware State Whistleblower Laws

Delaware provides additional protections for whistleblowers through state laws that complement federal protections and address situations not covered by federal law.

Delaware Whistleblowers’ Protection Act

The Delaware Whistleblowers’ Protection Act, found at 19 Del. C. Section 1701 et seq., protects employees who report violations of state or federal law, regulation, or rule to a public body. The statute defines a public body broadly to include all levels of government, law enforcement agencies, and any member or employee thereof.

Under the Act, employers cannot discharge, threaten, or otherwise discriminate against employees because they report or are about to report violations of law, or because they participate in investigations, hearings, or inquiries conducted by public bodies. Protected activity includes both internal reporting to supervisors and external reporting to government agencies.

An employee who experiences retaliation may file a civil action in Delaware Superior Court within 90 days of the retaliatory action. Remedies available include injunctive relief to restrain continued violations, reinstatement to the same or an equivalent position, compensation for lost wages and benefits, and litigation costs and reasonable attorney fees.

The Act requires employees to exhaust internal grievance procedures available through collective bargaining agreements before filing suit, though exceptions apply when employers fail to post notice of such procedures or when using internal procedures would be futile.

Additional Delaware Employment Protections

Delaware law provides specific protections for healthcare workers who report quality of care concerns. Under 16 Del. C. Section 1112, healthcare facilities cannot retaliate against employees who report suspected abuse, neglect, or misappropriation of patient property to appropriate authorities.

Delaware also protects public employees who disclose government waste, fraud, and abuse through the State Employee Whistleblower Protection statute at 29 Del. C. Section 5115. This law shields state employees from adverse personnel actions when they report improper government activities to designated officials or during legislative investigations.

How Whistleblower Cases Proceed

Understanding the whistleblower process helps you prepare for what lies ahead when you decide to report fraud or illegal conduct.

Legal Consultation

Whistleblower cases begin with a confidential consultation where you share information about the fraud or illegal activity you have witnessed. Our attorneys evaluate whether your information meets the requirements for filing under applicable whistleblower statutes and assess the strength of potential claims.

Investigation

Before filing a formal claim, we conduct a thorough investigation to corroborate your information and gather supporting documentation. This may involve reviewing company records, analyzing financial data, interviewing witnesses, and consulting with industry experts. Strong evidence is essential to successful whistleblower claims.

Qui tam cases under the False Claims Act are filed under seal, meaning they remain confidential while the government investigates the allegations. The seal period typically lasts 60 days but often extends for months or even years as the government reviews evidence and decides whether to intervene in the case.

After investigating, the government decides whether to intervene and take over prosecution of the case or to decline intervention, allowing you to pursue the case on your own. Cases where the government intervenes have significantly higher success rates and often result in larger settlements or judgments.

Settlement or Trial

Most whistleblower cases are resolved through settlement negotiations rather than trial. Our attorneys negotiate aggressively to secure maximum recovery for both the government and you as the whistleblower. In cases that proceed to trial, our whistleblower litigation attorneys provide experienced courtroom representation.

Retaliation Claims in Delaware

Whistleblowers often face retaliation from employers who want to silence reports of illegal conduct. Retaliation can take many forms:

• Termination or constructive discharge
• Demotion or pay reduction
• Hostile work environment
• Negative performance reviews
• Exclusion from meetings or projects
• Threats or intimidation

Both federal and Delaware state law prohibit retaliation against whistleblowers. Retaliation claims require proving that you engaged in protected activity, your employer took an adverse employment action against you, and a causal connection exists between your protected activity and the adverse action.

Documentation proves critical in retaliation cases. Keep detailed records of your whistleblowing activities, the timing of any adverse actions, communications with supervisors or human resources, and any statements suggesting a retaliatory motive.

Our attorneys handle retaliation claims alongside qui tam and other whistleblower matters, ensuring comprehensive protection of your rights throughout the process. We pursue full compensation for lost wages, emotional distress, and punitive damages when appropriate, and we seek injunctive relief, including reinstatement when you wish to return to your position.

Why Choose Our Delaware Whistleblower Legal Team

Selecting the right legal representation makes all the difference in whistleblower cases, which involve complex legal procedures, detailed investigations, and high stakes for both whistleblowers and defendants. Our firm brings extensive experience handling qui tam litigation, SEC whistleblower claims, and retaliation cases under both federal and Delaware state law.

We understand the courage it takes to report fraud and illegal conduct, and we provide the personalized attention and aggressive advocacy you deserve. Our attorneys have successfully represented whistleblowers across numerous industries, recovering millions of dollars in fraudulent payments and securing compensation for clients who faced retaliation for doing the right thing.

From the initial consultation through investigation, filing, and resolution of your case, we guide you through every step of the whistleblower process. We handle qui tam cases on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation on your behalf. We also protect your confidentiality throughout the process, understanding that discretion often proves critical to both your case and your career.

Industries We Serve in Delaware

Delaware whistleblower cases arise across numerous industries where fraud and illegal conduct occur. Our firm represents whistleblowers in the following industries, among others: 

• Healthcare, including hospitals, nursing homes, and pharmaceutical companies
• Defense contractors and government procurement fraud
• Financial services sector, including banking, securities, and insurance

Delaware’s role as a corporate domicile for thousands of companies creates unique opportunities for whistleblowers who work for Delaware-incorporated entities. Securities fraud, accounting irregularities, and corporate governance violations involving these companies often fall within the jurisdiction of federal whistleblower programs.

Contact Our Delaware Whistleblower Lawyers Today

Time limits apply to whistleblower claims, and delays in reporting can jeopardize your ability to recover compensation or protect your rights. The first-to-file rule in False Claims Act cases means that only the first whistleblower to report particular fraud may pursue a qui tam case, making prompt action essential.

Overheiden, P.C. represents whistleblowers throughout Delaware and across the country in federal whistleblower matters. We have the knowledge, resources, and commitment to handle complex fraud cases and protect your interests throughout the process. Contact us today to schedule your confidential consultation with experienced whistleblower attorneys who will fight for your rights and your recovery.

Further Information About Whistleblower Lawyer Services

• Whistleblower Lawyers