San Francisco Whistleblower Lawyer Archives

If you have information about fraud in San Francisco involving government funds, you may be eligible to become a whistleblower. California state whistleblower laws are some of the most stringent in the nation, offering the chance to file for state and federal recovery. Instances of fraud in the fields of healthcare, government contracting, education, finance, and more are all reportable under California qui tam law, the False Claims Act, and other anti-fraud statutes.

If you need help understanding your rights and privileges as a whistleblower, as well as what protections apply to you, contact a San Francisco whistleblower lawyer today. The qui tam experts at Tycko & Zavareei LLP are available for a complimentary and confidential consultation about the facts of your case.

When Should I Contact a Whistleblower Attorney?

One of the most important tenets of qui tam law is that once a tip has been reported, it cannot be used again to claim a reward. In other words, information once disclosed cannot be shared again by a whistleblower in order to qualify them for protections and a percentage of the overall settlement. Likewise, once information is made publicly available, such as via the news media, sharing on social websites, or disseminating in public reports, it loses its value in filing a qui tam claim. The only exceptions are for a fresh assessment of previously disclosed information that leads to a new discovery, and these instances are quite rare.

For this reason, it is imperative to come forward as quickly as possible once you have evidence involving False Claims Act violations. Our experienced qui tam lawyers can help assess and strengthen your San Francisco fraud case, build up evidence, and bring your claim to the Department of Justice for scrutiny. We can help convince federal investigators to use the full might of their discovery powers to ensure that you receive the highest possible percentage as a whistleblower. Furthermore, our team will follow through on your qui tam case, acting as a liaison with state or federal investigators and keeping your participation as anonymous as possible.

Don’t wait and allow your tip to be reported by someone else first. Doing so could make you miss out robust whistleblower protections and rewards for what you know. It may also cast suspicion on your own liability in the event of a fraud case. Get on the right side of the law by speaking with our San Francisco qui tam lawyers as soon as you know something is amiss.

San Francisco Whistleblower Case Types We Work With

As one of the leading qui tam law firms in America, Tycko & Zavareei LLP represents a broad variety of whistleblowers in different fields all over the country, and even non-US citizens outside our borders. Our San Francisco whistleblower attorneys are former Department of Justice officials, expert prosecutors, and graduates of some of the nation’s top law schools. With our experience in the field, we understand the unique legal challenges and concerns that whistleblowers face, as well as the personal and professional risks of coming forward. Our team has recovered millions for whistleblowers who have spoken up in various fields, including:

What Evidence Do I Need to File a San Francisco Whistleblower Case?

Under federal and California state whistleblower laws, suspicion of wrongdoing is not enough to file a qui tam claim. In order to become a San Francisco whistleblower, you must have both plausible and specific proof of the fraud that you are alleging. Frivolous cases without evidentiary support may be ordered to reimburse the other side for attorneys’ fees and legal costs in the event that a case is dismissed for lack of evidence.

Exactly what evidence you will need will vary based on your own position at the company, the kind of fraud you are alleging, and what kind of qui tam claim you are able to bring. For example, the following may be considered as proof:

Emails or text messages
Company reports or documents
Presentations or spreadsheets
Files related to your claim
Company compliance manuals or handbooks

With that said, filing a qui tam claim often launches a larger investigation that backs up the whistleblower’s initial concerns. You do not have to do the job of the federal investigators for them. A whistleblower in San Francisco may be able to initiate their claim by providing enough specific direction so DOJ officials can find the evidence to prove their claim.

Additionally, there are certain kinds of evidence, such as some photography and recordings, that are considered inadmissible by California law. A San Francisco qui tam attorney can help you avoid falling into the trap of gathering the wrong kind of evidence, pursuing a claim without a strong case, or even creating liability for yourself after collecting evidence that is illegal to gather.

How to File a Whistleblower Case in San Francisco

In order to pursue your claim, whistleblower laws in California require you to file through a qui tam lawyer. Your representation ensures your anonymity, limiting the ability of a company to retaliate against you after a protected disclosure. It also ensures a consistent point of contact for ongoing or protracted investigations. Your San Francisco whistleblower attorney will act as your expert guide through the various stages of filing both local, state, and federal claims as necessary.

Once you have assembled your evidence and gathered the strongest possible case against the company that you are alleging has committed fraud, your attorney will file your claim for you. This is a time-sensitive matter, to help ensure that no one else speaks up sooner and claims your reward. Once filed, the DOJ has 60 days to review the claim made before the defendant is served. However, this period of investigation may be extended before officials decide whether or not to take on the case.

In the event that the government declines to investigate, a qui tam law firm may be empowered to act on your behalf to pursue the San Francisco whistleblower case regardless. If your case succeeds, you will likely be awarded the largest possible percentage of the overall recovery.

If I Prevail in My San Francisco Qui Tam Lawsuit, Am I Entitled to a Reward?

San Francisco whistleblower rewards range from 15 to 30 percent of the overall total recovery in a successful case. Recovery is calculated based on the fines, fees, and penalties associated with the statute under which you filed your San Francisco qui tam claim. For instance, the federal False Claims Act assesses a penalty of up to treble damages per false claim made to the federal government. In the event of larger-scale fraud, such as numerous false insurance claims, the total recovery can add up quickly.

Your whistleblower reward percentage would be based on a number of factors, including:

The value of your information to the overall investigation
Your promptness and willingness to come forward
The size and scale of the case
Any liability you may have incurred in planning or perpetrating the fraud
Your assistance in the investigation

Protections for San Francisco Whistleblowers

When it comes to preventing whistleblower retaliation, state and federal statutes offer several powerful protections.

The following laws and codes protect whistleblowers in San Francisco:

California Whistleblower Protection Act: This state statute protects California state employees against discrimination, harassment, and other forms of retaliation when they report improper governmental activities. The law also covers employees of state schools and universities.
Federal False Claims Act: The False Claims Act offers whistleblowers the opportunity to recoup 15-30% of the overall recovery in the event that their information contributes substantively to a successful qui tam case. It also protects whistleblowers by offering the legal option to sue their employers in cases of harassment, threats, or retaliation related to their protected disclosures. Whistleblowers under the False Claims Act may be able to receive up to double back pay with interest, reinstatement, possible front pay, and legal fees in the event of a successful retaliation case.
Dodd-Frank Act: This financial reform act protects San Francisco whistleblowers who report on insider trading, securities fraud, market manipulations, and more. You may be able to receive a reward through the SEC Whistleblower Program, as well as possible protections against retaliation by your employer.
Sarbanes-Oxley Act: This federal statute protects San Francisco whistleblowers in finance who report wrongdoing internally to company auditors.
Labor Code 1102.5 LC: This part of the California labor code prohibits employers from retaliating against employees who contact the police or government about their employer’s violations of the law. This means employers in San Francisco can be fined up to $10,000 per instance of retaliation.
Labor Code 6310 LC: This law classifies CAL/OSHA complaints as protected disclosures.
Health and Safety Code 1278.5: San Francisco patients, nurses, healthcare workers, and medical staff are all encouraged to report unsafe patient care conditions under this component of the state health and safety code. Retaliating against someone for raising a grievance about the state of care can be fined at the civil rate of $25,000.
Education Code 44110: The disclosure of improper activities by school officials is protected by the California education code. San Francisco teachers and school administrators who speak up about fraud, waste, abuse, and corruption with school funds are protected against retaliation.

Choosing a San Francisco Whistleblower Law Firm

Choosing the right San Francisco whistleblower lawyer is of the utmost importance when it comes to ensuring your case will go smoothly. Tycko & Zavareei LLP is one of the most highly sought after qui tam law firms because of our proven track record of excellence. Our attorneys will be your main point of contact with the government officials in charge of investigating your qui tam claim allocating your whistleblower award. We will help you build the strongest case possible while prioritizing and protecting your professional reputation.

Prominent CA Whistleblower Case

Our San Francisco lawyers have successfully represented California whistleblowers in a variety of fields, winning high percentages of the overall settlement and commendation for our clients’ honesty and forthrightness.

In one recent case against Arbon Equipment and Rite-Hite Holding Corporation, Tycko & Zavareei LLP partners Jonathan Tycko and Andrea Gold successfully represented a whistleblower who alleged that Arbon and Rite-Hite violated prevailing wage laws. The companies allegedly failed to pay the higher wages ordered by law to employees working on government-funded loading dock facilities. The case spanned both California and federal jurisdictions, under the federal Davis-Bacon Act and Service Contract Act, as well as specific provisions of the state Labor Code. As a result of the case, the two defendants paid a $4 million settlement and were ordered to bring their compensation practices in line with prevailing wage laws.

San Francisco Whistleblower Lawyer: FAQs

The following are some commonly asked questions about whistleblower rights in San Francisco and filing a qui tam complaint:

1. Does California have whistleblower protection?

San Francisco whistleblowers are lucky in that several state and federal statutes protect them. California whistleblower protections are some of the strongest in the nation.

If you believe you have been discriminated against because of a protected disclosure, you may be able to sue for reinstatement, double back pay, interest on your delayed wages, and other damages in some cases. Your attorneys’ fees and other legal costs may be covered by the offending party. You have two years after the alleged retaliation to file a report under San Francisco’s whistleblower program.

2. Can San Francisco whistleblowers remain anonymous?

Yes. San Francisco whistleblowers who file their claim through a qui tam attorney will not be listed on the records for the case. Instead, your law firm will be listed in your stead, so as to prevent possible retaliation against you as an employee.

3. What responsibilities do San Francisco supervisors, agencies, and employees have under the California Whistleblower Protection Act?

Under the California Whistleblower Protection Act, state employees who blow the whistle on fraud and corruption cannot be fired, harassed, threatened, demoted, or otherwise retaliated against. California state employees are encouraged to come forward to report fraud or wrongdoing.

4. Who can become a whistleblower?

Anyone can become a whistleblower under state and federal qui tam statutes. You do not have to be an employee of the company that is acting wrongfully. You do not even have to be a resident of California or a citizen of the United States in order to file a San Francisco whistleblower claim and collect your possible reward.

5. What is the timeline for filing a San Francisco whistleblower case?

If you have proof of fraud in San Francisco, time is of the essence. Once reported by someone else, your information is not subject to protections or a possible reward. For this reason, speak to a San Francisco whistleblower attorney at once in order to begin the process of filing your qui tam complaint as soon as possible. Once a complaint has been opened, it may take months or even years until government investigation is complete and the case is settled.

Have You Witnessed Fraud in S.F.? Talk to a San Francisco Qui Tam Attorney

If you believe you have proof of fraud involving government funds, speak up. Whether the government funding is state, local, or federal, you may be able to claim a whistleblower award. You may also be protected against retaliation. Make sure taxpayer funds are being put to proper use by reporting bad actors today. The San Francisco whistleblower lawyers at Tycko & Zavareei LLP are your first line of defense to ensure that your own professional reputation remains untarnished, and your conscience clean. A consultation is complimentary and confidential.

San Francisco Whistleblower Lawyer