Most employers abide by all state and federal laws, engage in fair trade practices, and make an effort to provide a safe working environment for workers. What happens though if you uncover evidence that your employer is violating the law or is engaging in fraud or misconduct?

For an employee, such a discovery can create a serious dilemma.

Reporting the conduct will clearly put your job in jeopardy; yet, keeping quiet amounts to being complicit in the fraud or illegal behavior right?

It was precisely this quandary that led to the enactment of several “whistleblower” laws by the United States federal government as well as similar laws in the State of Florida.

These laws protect a worker (or anyone else) who reports misconduct from retaliatory action and may also provide compensation for coming forward. If you file a whistleblower complaint your next question may be “ What happens if the government decides to pursue a whistleblower action? ”

At both the state and federal level laws exist to protect you should you uncover evidence of fraud or misconduct on the part of a corporation and choose to report that conduct. The most commonly used of these laws is the False Claims Act, or FCA; however, numerous others also exist such as the Dodd-Frank/ Wall Street Reform Act and the Internal Revenue Service’s whistleblower provisions. The conduct in question can be reported internally to the company, to the appropriate government agency, or both. To be considered for a reward, however, the conduct must be reported to the government.

Typically, when a whistleblower chooses to report to the government he or she does so with the assistance of an employment law attorney. The attorney will ensure that the conduct is reported to the appropriate agency and within the applicable statute of limitations time period. If the relator is proceeding under the FCA a lawsuit is actually filed by the relator with disclosure made to the Department of Justice. The DOJ then has 60 days to decide if it wishes to join in the lawsuit. During that 60 days the complaint remains under seal, meaning no one knows about the allegations except for the DOJ. In practice, the 60 day time period if often extended several times for the DOJ to complete its investigation into the allegations. Ultimately, the government will either decide to take formal action against the company or decline to become involved.

If the government does take action, the relator (person who filed the initial claim) will eventually need to testify in front of a grand jury and/or at trial. If the government declines involvement, the relator can proceed alone – nothing requires a relator to have the backing of a government agency.

If the relator was the first person to report the conduct and the lawsuit is successful the relator will likely be entitled to a portion of the government’s recovery in the lawsuit.

If you believe you have a whistleblower claim it is imperative that you consult with an experienced Florida employment law attorney as soon as possible as time is of the essence in whistleblower claims.