The term "whistleblower" derives from the practice of English bobbies who would blow their whistle when they noticed the commission of a crime, which alerted both law enforcement officers and the general public of danger. Legendary Frank Serpico prefers the term "LAMPLIGHTER". At the National Security Whistleblowers Forum, dedicated to Paul Revere, Serpico said, "I must confess that since the first time I heard myself referred to as a whistle-blower, I cringed, and I am still uneasy with that term. It sounds demeaning. Demeaning for so noble a cause.

When Paul Revere was given the task of riding to Lexington to warn Sam Adams and John Hancock that the British troops were coming to arrest them, it is said that as he approached the house where they were staying the sentry asked him not to make so much noise, to which he cried "Noise?!? You'll have noise enough before long." After successfully warning the citizenry, he was himself arrested. Revere lit or arranged for the lamps to be lit and hung high in the tower. He was a lamp lighter and that is the term I much prefer than whistle-blower. LAMPLIGHTER. We can still holler and shout but we have to light the lamps that shed the light on corruption, injustice, ineptitude and abuse of power. When we do, you will see the villains scurry into the woodwork the way roaches do when you turn on the light... We may be told "don't make so much noise" and we can reply, "you'll soon hear noise enough before long," and we may be arrested as Revere was."

Whistleblower retaliation is illegal in theory, but unfortunately it's a fact of life. As a reward for doing the right thing, you may get shot - like Frank Serpico. You may get arrested on false charges and have your home raided with a Blackhawk helicopter and a Special Response Team - like Julia Davis. You may get fired and blacklisted - like James Bobreski. Your attorneys may get investigated, audited and otherwise harassed until they abandon your case, leaving you alone in a fight for your rights. You may get fired and gagged from any discussion of your case - like Sibel Edmonds. You may be stripped of your assets - including books exposing government corruption and wrongdoing - and then be declared a "vexatious litigant" to prevent you from asserting your rights in federal courts, like Rodney Stich. You may die in a mysterious car accident on the way to provide documentation to a reporter, like Karen Silkwood.

Whistleblower retaliation may take on different shapes and forms, including:

• denial of rights and benefits
• isolation by peers
• demotion, loss of promotion
• libel, slander and defamation of character
• cut in pay
• public scrutiny
• privacy violations
• blown cover (for under-cover agents or informants)
• job termination
• harassment, stress
• death threats
• baseless investigations
• malicious prosecutions
• attempts on the whistleblower's life (in the most serious cases; e.g., Frank Serpico)
 
Whistleblower Retaliation is prohibited by 5 U.S.C. §2302(b)(8) - A federal employee authorized to take, direct others to take, recommend or approve any personnel action may not take, fail to take, or threaten to take any personnel action against an employee because of protected whistleblowing.
 
Protected whistleblowing is a disclosure of information which the person making the disclosure reasonably believes evidences:

1. a violation of law, rule, or regulation;
2. gross mismanagement;
3. gross waste of funds;
4. an abuse of authority;

5. a substantial and specific danger to public health or safety.

Whistleblowers report not only government corruption, but also corporate fraud - for example, Bernard Madoff' financial investments/securities fraud, reported to be close to $50 billion; Eli Lilly & Co. — the pharmaceutical company that recently settled the federal government's Medicare abuse case for $1.4 billion, Marcus Schrenker — the money manager suspected of staging his recent "death in a plane crash", etc. Whistleblowers have uncovered and reported fraud committed by government agencies or contractors (such as Halliburton), private companies (such as WorldCom and Enron) and individuals.

In the United States, legal protection for whistleblowers varies depending on the subject matter and the legal jurisdiction. The first U.S. law adopted specifically to protect whistleblowers was the Lloyd-La Follette Act of 1912, which guaranteed the right of federal employees to furnish information to Congress. Victims of whistleblower retaliation have to be aware of the deadlines and means for filing proper complaints. Examples of the deadlines involved are as follows:

10 days - The time limit for Arizona State Employees and Ohio public employees;

30 days – The time limit for environmental whistleblowers to make a written complaint to the Occupational Safety and Health Administration [OSHA].

45 days – The time limit for federal employees to file a complaint of discrimination, retaliation or other violations of their civil rights laws with their agency's equal employment opportunity (EEO) officer.

90 days – The time limit for airline workers and corporate fraud whistleblowers to make their complaint to OSHA.

180 days – The time limit for nuclear whistleblowers and truck drivers to make complaints to OSHA and for victims of retaliation against union organizing and other concerted activities to improve working conditions to the National Labor Relations Board (NLRB).

180 or 300 days – The time limit for private sector employees to make complaints to the federal Equal Employment Opportunity Commission (EEOC) for discrimination claims on the basis of race, gender, age, national origin or religion.

2 years - The time limit for claims under the Federal Tort Claims Act (FTCA)

2 to 3 years – The time limit for those who face retaliation for seeking minimum wages or overtime to file a civil lawsuit, depending on whether the court finds the violation was "willful."

2 to 3 years - The time limit for constitutional tort claims/ Bivens actions.

6 years – The time limit for whistleblowers who report a false claim against the federal government and suffer adverse employment actions as a result to file a civil suit for remedies under the U.S. False Claims Act (FCA). 31 U.S.C. § 3730(h). Under a "qui tam" provision, the "original source" for the report may be entitled to a percentage of what the government recovers from the offenders. However, the "original source" must also be the first to file a federal civil complaint for recovery of the federal funds fraudulently obtained, and must avoid publicizing the claim of fraud until the U.S. Justice Department decides whether to prosecute the claim itself. "Qui tam" lawsuits must be filed under seal to keep the claim from becoming public until the federal government makes its decision on direct prosecution.

Please conduct independent research to preserve your rights, determine proper deadlines and file requisite paperwork. Information provided on this website does not constitute legal advice.