As an employee you likely operate under the assumption that your employer is honest and law abiding. Most of the time, this assumption turns out to be justified; however, what do you do if you find out your assumption was wrong? What do you do if you uncover evidence that your employer has been committing fraud against the government or engaging in shady business practices that could put consumers in danger or shareholders at risk financially? You could “blow the whistle” on your employer, but what if a potential whistleblower participated in the fraud?

For an employee, realizing that your employer is engaged in illegal activity puts you in an unenviable position. If you speak out or report the illegal activity you undoubtedly risk losing your job or some other form of retaliation from your employer. Doing nothing, however, could go against your moral compass as well as implicate you down the road when the activity is uncovered by someone else. Fortunately, there are state and federal “whistleblower” laws that protect employees who report their employers from retaliation from those employers. Some whistleblower laws also provide compensation to employees who come forward with valuable information about illegal or unethical conduct by an employer.

Knowing these laws exist may make you more inclined to take the risk associated with speaking out – unless you actually participated in the fraud or illegal activity yourself. In that case, reporting your employer’s activities not only puts you at risk for retaliation by your employer but also involves admitting your culpability in unethical or illegal activity. It may seem, therefore, that doing the right thing comes at a high price. With the assistance of an experienced Florida employment law attorney you may be able to do the right thing without destroying your career in the process.

Although the whistleblower laws are complex, and the outcome of a specific case depends on the unique facts and circumstances of the case, it is often the case that prosecutors will choose not to focus on a Relator (the person “blowing the whistle”) even if he/she participated in the fraud because the prosecutor is more interested in the “big fish”, or the individuals who devised the scheme or plan. Investigators are typically focused on the individuals who gained the most financially from the fraudulent or illegal activity. As an employee, you may have knowingly engaged in the activities in question, but unless you were the architect of the plan you will unlikely be the focus of the investigation.

To ensure, however, that your rights and interests are protected when you become a whistleblower you should consult with an experienced Florida employment law attorney before acting on the information you have about your employer’s conduct. If you have additional questions or concerns about state or federal whistleblower laws, contact the experienced Florida employment law attorneys at Celler Legal, P.A. by calling 954-716-8601 to schedule your appointment.