Even The Odds In Your Fight For Employee Rights

Whistleblower Attorneys In Florida

What happens if you report your employer for wrongdoing? Many people who have observed fraud or other illegal actions by their employers are unsure about what will happen to them if they report their employer’s wrongdoing. Will they be entitled to compensation for reporting the fraud? Will they be protected from employer retaliation? If you want to know more about your rights as a whistleblower, we offer a free initial consultation. Attorneys Bill or Olivia will evaluate your situation and advise you of your rights. For a free consultation, call 561-560-5597 or fill out the contact form on this website. We represent whistleblowers in West Palm Beach, Miami, Fort Lauderdale and throughout the state of Florida.

What Is Whistleblower Law?

In 2002, the U.S. Congress passed the Sarbanes-Oxley Act, requiring publicly traded companies to give a full and honest reporting of their financial standing. The law is intended to protect investors from fraudulent and misleading information about the financial security of a company selling stocks, bonds and securities.

Under provisions of the law, any employee, ex-employee or independent contractor with knowledge of fraudulent practices at the company – committed by an individual or as a corporate policy – may file a qui tam lawsuit on behalf of the government. If the government proves that accounting or reporting fraud or other illegal practices are taking place, the individual initiating the lawsuit is eligible to receive up to 35 percent of the total money recovered. This can include punitive damages and legal fees. To date, more than $3 billion have been recovered by the government through whistleblower lawsuits.

Common Fraudulent Practices

At the Law Office of William M. Julien, P.A., we often represent Florida employees who come forward about corporate fraud, and we know it takes courage. The practices below are some of the most common forms of workplace misconduct we see reported.

Falsifying The Cash Position Of The Company

This happens when a company fakes its bank balances or lies about how much cash it actually has. The goal is to make the business look financially healthy when it is actually struggling. We fight for employees who are asked to falsify these numbers, or who discover that someone else has.

Pyramid And Ponzi Schemes

In a Ponzi scheme, the company pays old investors with money from new investors instead of real profits. A pyramid scheme recruits new members to pay into the system, and only the people at the top make money. If you work at an advisory firm, in marketing or at a financial institution and noticed there are no real trades or products behind the promised returns, we stand ready to help you come forward.

Falsifying Earnings In Stockholder Reports

This happens when a company manipulates its financial statements to make revenue, income or profit margins look bigger than they really are. Some companies record sales that never happened. We fight for employees who are asked to sign off on numbers they know are false, or who uncover discrepancies their employer wants buried.

Churning Or Inappropriate Investments

Churning happens when a broker buys and sells securities in your account too often just to collect trading fees. Inappropriate investments happen when a broker puts clients, like retirees, into risky investments without properly disclosing the risks. We fight for employees at brokerage firms and investment advisory companies who have witnessed this behavior.

Illegal “Junk Bond” Transactions

Junk bonds are high-yield, high-risk corporate debt, and illegal activity involving them can include hiding the true risk of default or trading on inside information about a debt deal. Employees in fixed income, trading or compliance roles often see this firsthand and feel pressured to stay quiet. We fight to protect employees who face that kind of pressure.

Underreporting Of Expenses

Underreporting expenses means hiding or misclassifying real business costs to make profits look bigger than they are. Some employers leave unpaid bills off the books or bury liabilities off the balance sheet. Whether your employer asked you to do this or you discovered it on your own, we can walk you through your next steps.

Illegal Investments

Illegal investments happen when a company directs funds into deals that break the law, such as unregistered securities or deals that benefit company insiders. Employees in treasury, compliance or executive roles often discover these schemes first. We provide legal counsel for employees who face pressure to stay silent after making a discovery like this.

Society Relies On Whistleblowers

Both state and federal laws can protect employees known as “whistleblowers” who report or oppose dangerous workplace conditions or illegal activity on the part of their employer. Whistleblowers play a vital role in protecting the public from fraud and misconduct. There are several laws at the federal and state levels that protect government employees and employees in the private sector. These laws encourage people to come forward with information about wrongdoing, such as fraud, waste, or abuse, and it helps to hold organizations accountable for their actions.

In recent years, the act has been used to expose a range of misconduct, from environmental crimes to financial fraud. Furthermore, under whistleblower protection laws, employees are protected from their employers taking retaliatory action.

How Do Employers Retaliate?

Retaliation against whistleblowers is illegal and can take many forms, such as termination, demotion, transfer, reduction in hours or pay, or denial of bonuses or promotions. You should document the situation if you have been the victim of retaliation. This includes keeping records of any demotions, pay cuts, or negative performance reviews. Then, file a complaint with your company’s HR department. Although the law concerning whistleblower retaliation and protection can vary a lot depending on your own particular situation, certain fact patterns seem to recur frequently:

Employee is demoted or disciplined for reporting a supervisor’s fraud
Dismissal or termination of employee for reporting or complaining about discrimination or harassment in the workplace
Employee is fired for reporting health or safety violations
Discipline or termination for supporting the complaint or report of another employee concerning race discrimination or sexual harassment

If any of these situations applies to you, or if you’re considering whistleblower activity but are afraid of retaliation by your employer, contact us now. We represent clients from West Palm Beach, Fort Lauderdale, Miami and elsewhere in Florida. You’ll come out of your free initial consultation with a much better understanding of your rights. You have rights under the Florida Private Sector Whistleblower Act, Florida Civil Rights Act, Title VII, FSLA, or the federal Family Medical Leave Act retaliation provisions – whichever state or federal employment law might apply to you.

It is extremely important to recognize that different laws apply to different situations. The specific legal protections available to you depend a lot on many variables–are you a state or federal employee? Do you work in a highly regulated industry? Are there only a few employees in your workplace?

Whistleblowers Filing Qui Tam Lawsuits

Qui tam lawsuits occur if your employer submits a false claim to the United States government. You may be entitled to a percentage of the money damages if you report your employer to the federal government. You are also protected from retaliation from your employer.

Sarbanes-Oxley Act Covering SEC Violations

Under the Sarbanes-Oxley Act of 2002, Congress mandates that companies selling stock and securities to the public are required to fully and accurately report their financial status. Individuals who become aware of fraudulent reporting practices or transactions that violate the Securities and Exchange Commission (SEC) regulations are eligible to file a qui tam lawsuit on behalf of the government. The party or parties initiating the lawsuit are eligible to receive up to 35% of the financial recovery if the company is found guilty of fraud.

Contact An Whistleblower Lawyer Today

We never charge for a consultation, and we invite you to call us if your employer has asked you to do something illegal or if you know of fraudulent activity. To learn more about your legal options, call a whistleblower lawyer at 561-560-5597 or send us an email using the form below.