• Qui Tam
  • SEC
  • CFTC
  • FCPA
  • Whistleblower Resources
  • FAQS
Subscribe
Donate
No Result
View All Result
Whistleblower Network News
The Truth at Any Cost.
Qui Tam, Compliance and Anti-Corruption News.
SIGN THE PETITION FOR NATIONAL WHISTLEBLOWER DAY IN 2023
Whistleblower Network News
  • Qui Tam
  • SEC
  • CFTC
  • FCPA
  • Whistleblower Resources
  • FAQS
Subscribe
Donate
No Result
View All Result
Whistleblower Network News
No Result
View All Result
Home Government

Recovery.gov whistleblower poster misses key details

WNN StaffbyWNN Staff
January 1, 2010
in Government, News
Reading Time: 3 mins read
Share on TwitterShare on FacebookShare on LinkedInEmail

The federal government has released a new poster that employers have to post to their employees if they are receiving stimulus money. The new poster, however, is missing a few key details whistleblowers should know. For example, if a whistleblower wants to know where to file a complaint, the government’s poster will only point to the generic www.recovery.com website. The poster does not tell employees that formal written complaints need to be filed with the Inspector General for the federal department that funded the employer. It does not tell whistleblowers that if they wait 210 days for the IG’s final determination, they can take their case to federal court and ask for a jury trial. See Section 1553(c)(3) of the ARRA Act (p. 186 of 407). It neglects to inform them that the Act invalidates binding arbitration agreements, and they can sue even if their employer requires arbitration. Section 1553(d) (p. 187).

 

Support Whistleblower Network News

The poster also does not address two other issues that can be very important to whistleblowers, but are admittedly difficult to explain in a workplace poster. First, all legal claims have time limits. The ARRA Act does not specify a time limit for whistleblowers to file complaints. In similar situations, the Supreme Court has held that claims can be dismissed if they are not filed within the time provided by local state law for filing lawsuits.  This time limit can be as short as one year in some states (Kentucky, Louisiana and Tennessee), or as long as six years (North Dakota and Maine). Many states have a two year time limit. If an employee has to wait 210 days for the IG to finish before going to federal court, that might not leave much time for going to court to be sure that a case will be timely. Hopefully, courts will find that the time limit applies to the initial complaint to the Inspector General, and not to the time to file in federal court, but this is a new law and it is too soon to have court decisions on the time limit.

Another issue whistleblowers should consider is who do you call?  Since many stimulus abuse issues will involve frauds against the federal and state governments, the whistleblower may have a right to pursue a qui tam case under the False Claims Act (FCA) and recover a share of the government’s recovery. To do this, it would be best to go to an attorney with FCA experience, and training from Taxpayers Against Fraud (TAF).  The FCA qui tam process is unusual, and few attorneys can properly advise whistleblowers about how to establish their status as the "original source" and avoid a "public disclosure" that could bar their claim.  While a hotline report may be one way to become an original source, and anonymous report could make it hard to show that you were that source.  Also, some lawyers may prefer to make a written submission by certified mail rather than trust that a web interface submission or hotline call will be properly documented. Only an experienced lawyer can evaluate all the circumstances to assess what steps would be best in any particular situation.  No government poster will tell you that.

Tags: Government Whistleblowers
Previous Post

Fourth Circuit says “de novo” means “de novo” for SOX whistleblowers

Next Post

UBS Tax Fraud Whistleblower Person of the Year Honor

WNN Staff

WNN Staff

Next Post

UBS Tax Fraud Whistleblower Person of the Year Honor

Please login to join discussion

Receive Daily Alerts

Subscribe to receive daily breaking news and legislative developments sent to your inbox.

  • This field is for validation purposes and should be left unchanged.

Most Popular

US Attorneys Reflect on UK’s Whistleblowing Awareness Week

OSHA Highlights Railroad Worker Whistleblower Protections in Wake of Train Derailments

AML Whistleblower Law Could Shift the Way DOJ Handles Whistleblowers

Two Powerful Women Whistleblower Pairs to Learn From This Women’s History Month

WNN Exclusive Interview with Social Security Whistleblowers Sarah Carver and Jennifer Griffith — Part 2

Change the Culture, Make National Whistleblower Day Permanent

Whistleblower Poll

Whistleblower Poll
Whistleblower Poll

Exclusive Marist Poll: Overwhelming Public Support Among Likely Voters For Increased Whistleblower Protections

byGeoff Schweller
October 6, 2020

ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT

STAY INFORMED.
Subscribe to receive breaking whistleblower updates.

  • This field is for validation purposes and should be left unchanged.

About Us

  • About
  • Contact Us
  • Donate
  • Careers

Subscribe

  • Daily Mail
  • Follow us on Twitter
  • YouTube Channel

Contribute

  • Letter to the Editor
  • Submission Guidelines
  • Reprint Guidelines

Your Experience

  • Accessibility Statement
  • Privacy Policy
  • Terms of Use

Help

  • The Whistleblowers Handbook
  • Frequently Asked Questions
  • Advertise
Whistleblower Network News

Whistleblower Network News is an independent online newspaper providing our readers with up-to-date information on whistleblowing. Our goal is to be the best source of information on important qui tam, anti-corruption, compliance, and whistleblower law developments. 

Submit an Article

Copyright © 2021, Whistleblower Network News. All Rights Reserved.

This Newspaper/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this website, you understand that there is no attorney-client relationship between you and the Newspaper/Web Site publisher. The Newspaper/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

SIGN THE PETITION FOR NATIONAL WHISTLEBLOWER DAY IN 2023
No Result
View All Result
  • Exclusives
  • Government
    • False Claims-Qui Tam
    • Federal Employees
    • Intelligence
  • Corporate
    • CFTC & Commodities
    • Dodd-Frank
    • IRS & Tax
    • SEC & Securities
  • Features
  • Legislation
  • International
    • Foreign Corruption
  • Rewards
  • Whistleblower of the Week
  • Environment & Climate
  • Opinion
  • Editorial
  • Employment
    • Sarbanes-Oxley Whistleblowers
    • Retaliation
    • OSHA
  • Media
    • Podcasts
    • Videos
    • Webinars
    • National Whistleblower Day
  • Whistleblower Poll
  • Whistleblower Resources
    • Frequently Asked Questions
    • Resources for Locating An Attorney
    • The New Whistleblowers Handbook
  • National Whistleblower Day ’23

Copyright © 2020, Whistleblower Network News. All Rights Reserved.

Become a Whistleblower Network News Subscriber

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Subscribe to WNN

Retrieve your password

Please enter your username or email address to reset your password.

Subscribe to WNN

Add New Playlist

Go to mobile version