Whistleblower protection screener

General guidance only. Whistleblower protection is governed by dozens of overlapping statutes, each with different requirements, deadlines, and procedures. This tool identifies likely applicable laws for discussion with an attorney - it doesn't file any claim on your behalf. See our full disclaimer.

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A whistleblower attorney identifies exactly which statute applies to your report, the correct reporting procedure to preserve protection (and any financial award), and strict filing deadlines that vary significantly by law. Many whistleblower attorneys work on contingency. Free initial consultation in most areas.

Why is there no single "whistleblower law"?

Whistleblower protection developed piecemeal - Congress added protections to specific statutes as different types of wrongdoing came into focus, rather than creating 1 unified law. The result is more than 20 separate federal whistleblower statutes, each covering a different subject area with its own procedures, deadlines, and remedies.

This matters enormously in practice. Reporting securities fraud (Sarbanes-Oxley / Dodd-Frank), reporting Medicare fraud (False Claims Act), reporting a workplace safety hazard (OSHA), and reporting tax fraud (IRS whistleblower program) are all governed by completely different laws with different filing deadlines - some as short as 30 days, others up to 6 years. Filing with the wrong agency or missing the wrong deadline can permanently forfeit protection.

If your whistleblower report also involves retaliation you're currently experiencing, use the retaliation claim screener alongside this tool to assess the treatment pattern in more detail.

What is a "qui tam" lawsuit and can I get a financial reward?

The False Claims Act allows private individuals ("relators") to file a lawsuit on behalf of the government against those who defraud federal programs - most commonly Medicare, Medicaid, and defense contracts. This is called a "qui tam" action. If the case succeeds, the whistleblower can receive 15% to 30% of whatever the government recovers.

Several other programs offer similar financial incentives: the SEC whistleblower program (for securities fraud) and the CFTC whistleblower program (for commodities fraud) can award 10% to 30% of sanctions over $1 million, and the IRS whistleblower program offers 15% to 30% of collected proceeds for reporting tax fraud above certain thresholds. These programs have specific, detailed filing procedures - working with an experienced whistleblower attorney significantly increases both the odds of a successful case and the ultimate award amount.

What is the difference between internal and external reporting?

Internal reporting means raising the issue within your company - to a supervisor, compliance officer, HR, or an internal ethics hotline. External reporting means going directly to a government agency (SEC, OSHA, the Department of Justice, a state attorney general, etc.).

Some statutes only protect internal reporting, some only external, and some protect both - this varies significantly. Sarbanes-Oxley protects internal reporting to a supervisor. Dodd-Frank's stronger anti-retaliation and award provisions generally require reporting directly to the SEC. Understanding which type of reporting your specific situation requires - before you report, if possible - is critical to preserving both protection and eligibility for any financial award.

Frequently asked questions

Generally no - most whistleblower statutes protect employees who have a reasonable, good-faith belief that a violation occurred, even if that belief later turns out to be mistaken. You don't need to be a legal expert or have definitive proof - you need a genuine and objectively reasonable basis for your concern. However, knowingly making a false report, or reporting something you know isn't true, isn't protected and can expose you to liability. The key is honest, good-faith reporting based on what you reasonably believed at the time, not certainty about the outcome.

It depends on the reporting channel. SEC whistleblower submissions can be made anonymously if you're represented by an attorney. OSHA complaints can sometimes be filed without your name being disclosed to the employer, though this isn't guaranteed in all circumstances. False Claims Act qui tam lawsuits are filed "under seal," meaning they're initially confidential while the government investigates, though your identity typically becomes known if the case proceeds. Internal company reporting is rarely truly anonymous even through "anonymous" hotlines, since your identity can often be inferred from the nature or timing of the complaint. Discuss anonymity options with an attorney before reporting if this is a significant concern.

Remedies vary by statute but commonly include: reinstatement to your position, back pay and lost benefits, compensatory damages for emotional distress, and in some statutes (like Sarbanes-Oxley and Dodd-Frank), double back pay as a specific penalty. Attorney fees and litigation costs are often recoverable under whistleblower statutes specifically to make it economically viable for individuals to pursue claims against well-resourced employers. Some statutes also allow for punitive damages in cases of particularly egregious retaliation. The specific remedies available depend entirely on which statute applies to your situation.

This varies dramatically by statute - one of the most important reasons to consult an attorney immediately rather than waiting. OSHA-administered whistleblower statutes often have very short windows, sometimes as little as 30 days from the retaliatory action. Sarbanes-Oxley allows 180 days. False Claims Act retaliation claims allow 3 years. Some state whistleblower statutes have their own separate deadlines entirely different from federal law. Missing a short deadline is one of the most common and entirely avoidable ways whistleblower claims are lost - don't delay in seeking legal advice.

Generally no - most whistleblower statutes protect your right to report directly to a government agency without first exhausting internal company channels, and mandatory internal-reporting-first policies that discourage external reporting can themselves violate whistleblower protections in some circumstances. The SEC has specifically taken action against companies whose confidentiality agreements or internal policies improperly discouraged employees from reporting directly to the agency. That said, in some circumstances internal reporting first can be strategically useful (giving the company a chance to correct the problem) or may be required to preserve certain protections under specific statutes - an attorney can advise on the best sequence for your specific situation and applicable law.