Mississippi Whistleblower Attorney Shares Two Reasons to Work With a Whistleblower Protection Attorney

Witnessing wrongdoing at work is easy, and it is often unavoidable. You may have nothing to do with the wrong that occurs, but there you are, as it’s happening or after it has happened, when evidence of it is in plain view. You’re in the unenviable position of deciding what to do next. You know that what you see is not right, but you are afraid of losing your job and uncertain what your next step should be because whistleblower policies and laws are confusing. You need help, and a whistleblower protection attorney may be able to help you decide what to do next.

The success or failure of many whistleblower complaints depends upon how the whistleblower goes about reporting the wrongdoing they have witnessed. It’s not an easy task to do it right, because there are different laws that protect public and private employees and protection is often only available to individuals who follow the proper procedures for reporting misconduct. Whether you work for a private company or a government agency or contractor, the very first thing you must do before you blow the whistle is to make sure that you know the procedure for reporting wrongdoing that applies to your situation. If you need help, an attorney may be able to help you understand what a whistleblower policy says about what you must do. If you interpret the policy incorrectly and embark on a course of action that is improper, such as jumping the chain of command, you may jeopardize your ability to claim protection as a whistleblower.

In addition to helping you know how to expose wrongdoing properly, a whistleblower protection attorney may be able to help you obtain protection if you lost your job or suffered retaliation after you refused to participate in an illegal activity. Sometimes you don’t have the opportunity to read and understand your company’s policy or the applicable laws before you do something that causes you to lose your job. Workers are sometimes caught in the difficult position of having to choose between doing their job as they have been asked to do it and breaking one or more laws. For example, a truck driver might be asked to make a trip that would violate the laws that govern work and rest periods for truckers. In that moment the trucker must choose between obeying their boss and breaking the law or obeying the law and almost certainly losing their job. If you decide to follow what the law says and you get fired, meet with a whistleblower protection attorney to assess whether you may be able to prevail in a case against your former employer. You’re not likely to want your job back, but you may be able to recover lost wages and prevent your former employer from sabotaging your future employment seeking efforts.

Those are just two of the many reasons a whistleblower protection attorney is a powerful ally both before and after you blow the whistle or experience retaliation. To learn more about the protections available to whistleblowers, call the Mississippi Whistleblower Attorneys of Barrett Law PLLC today at 1 (601) 790-1505 for an initial consultation.

 

 

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Mississippi Whistleblower Attorney Says Not All Who Qualify for Protection as Whistleblowers Receive It

Whistleblowers are motivated by a desire to do the right thing. Unfortunately, as often happens in many situations where people take care to do the right thing, whistleblowers do not always receive the proper treatment in return. Would-be whistleblowers must be aware that blowing the whistle is a good course of action that may carry harsh consequences, and that protection under whistleblower protection laws is not guaranteed.

There are a variety of whistleblower protection laws that cover diverse populations of employees at a variety of types of organizations. Unfortunately, there are some employees in some organizations whose whistleblowing in specific circumstances or in a particular way is not covered by a whistleblower protection law. Because of this, the collective effect of whistleblower protection laws and policies is like an umbrella with a few holes in it.

A whistleblower protection attorney could be able to help you avoid some of the pitfalls that could exclude you from protection under whistleblower protection laws, but sometimes the damage has already been done before the whistleblower sets foot in the lawyer’s office. For example, a whistleblower who didn’t follow their organization’s policy for reporting misconduct might not be able to obtain protection under the laws that protect whistleblowers. Likewise, if a grievance regarding termination or retaliation is not filed with the proper party within a particular time frame, the person filing the claim may be unable to access protection as a whistleblower. Sometimes, a whistleblower may think they have a choice of several different laws under which they can report misconduct. Unfortunately, choosing to pursue a matter under one law often excludes you from being able to go about it another way. What’s more, if you decide to pursue a matter under an incorrect statute, you could end up without a valid case.

Before you blow the whistle, check yourself to be sure that your attitude and or your actions won’t get you disqualified from protection under whistleblower laws. Good faith is usually a requirement for obtaining protection. If anyone can cast doubt on whether your motivation for exposing the misconduct was anything but pure, you could be without protection. Likewise, if you did anything wrong along the way to exposing the wrongdoing, even something seemingly innocuous like copying documents, your conduct could exclude you from protection as a whistleblower under the doctrine of “unclean hands.”

Another reason that you may be unable to obtain protection under whistleblower laws is that you are unable to connect the retaliation to your whistleblowing or your employer is able to make a persuasive argument that there was some other reason for what you experienced, such a poor job performance.

Legal technicalities, loopholes, and other exclusionary principles are, unfortunately, common in whistleblower cases. A  Mississippi whistleblower protection attorney may be able to assist you in avoiding those pitfalls and prevail in your claim. To learn more about whistleblower laws and whistleblower protection claims, call the Mississippi Whistleblower Attorneys at Barrett Law PLLC today at 1 (601) 790-1505 to set up an initial consultation.

 

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Mississippi Whistleblower Attorneys Say Whistleblowers Sometimes Expose Conduct That Places Lives at Risk

Whistleblowers bring matters out into the open that would otherwise remain hidden. Sometimes, the things that are exposed by whistleblowers have consequences that are literally a matter of life or death. A recent disclosure by a whistleblower who filed a suit in federal court claims that the largest military shipbuilder in America put American lives at risk when it falsified certifications and test results pertaining to the stealth coatings that it puts on its submarines. The stealth coating is a material that resembles foam rubber, and it is designed to applied to submarine hulls with a two-part adhesive that requires special certification for its use. The reason that certification must be obtained by the companies and workers who apply the adhesive is that the adhesive doesn’t work correctly if it is not mixed properly. When the adhesive is not prepared properly prior to application, the coating can peel off of the hull. It was reported by personnel who operated the affected submarines that large sections of coating had torn off of their vessels while the vessels were on the move.

The complaint accuses Hunter Ingalls Industries of claiming that it had coated the hulls of certain submarines properly when the reality is that the company took shortcuts during the coating application process that compromised the coating’s performance. The coating is designed to enable submarines to elude detection by enemy sonar. When the coating was not applied properly, it created a danger to all of the people on board each of the affected submarines, who were operating as if they could not be detected when in fact their submarines were detectable.

Applying the stealth coating incorrectly was dangerous enough, but the company is alleged to have gone even further in their wrongdoing by certifying to the government that they had applied the coating correctly. That certification was made under a contract  that the company had with the government to manufacture the submarines to meet specific criteria in exchange for payment for the submarines. This is an example of a whistleblower case where the wrongdoing is several layers thick, simultaneously exposing American troops to a heightened risk of harm and violating the federal False Claims Act.

While not all whistleblower cases offer a reward for the person who stepped forward to expose the wrong, this case is a type of whistleblower lawsuit where the party who filed it on behalf of the government could receive compensation if the government collects damages resulting  from the fraud committed against it. Whistleblower lawsuits that contain this type of reward for the whistleblower are called “qui tam” lawsuits.

The whistleblower in this case witnessed the faulty coating application and subsequent false certification during the course of their employment at the shipbuilding company. Many individuals work in jobs where their work and the work of others in their workplace can have an impact on the safety of others and the integrity of contracts. The Mississippi Whistleblower Protection Attorneys of Barrett Law PLLC support whistleblowers in their efforts to protect the health and safety of Americans and to expose fraud. To learn more about whistleblower protection, call 1 (601) 790-1505 to arrange an initial consultation with the Mississippi Whistleblower Attorneys of Barrett Law PLLC.

 

 

 

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Mississippi Whistleblower Attorney Describes the Procedure for Blowing the Whistle With Intelligence-Related Complaints

Whistleblowers come from all kinds of positions and professions. From the corporate world to government headquarters, individuals come forth to expose misdeeds. Sometimes, whistleblowers are caught in a position where they have information about wrong actions happening within their workplace or organization, but because of the nature of the wrongdoing, blowing the whistle publicly could compromise national security. This is a delicate position, and anyone in that position must understand that there is a mechanism for blowing the whistle without blowing the cover off of sensitive information.

The Intelligence Community Whistleblower Protection Act (the Act) protects intelligence officials from retaliation after they bring forth concerns about government misconduct. Not only does the Act protect whistleblowers, but it also provides a procedure for blowing the whistle without revealing classified information. If a person follows the process outlined in the Act, they cannot be prosecuted criminally, nor can they be fired.

The way that the Intelligence Community Whistleblower Protection Act says intelligence officials must submit their concerns about government misconduct to the Inspector General of the intelligence community. When the Inspector General receives a complaint, they have fourteen days to evaluate it. If the Inspector General determines that the claim describes a matter of urgent concern – a violation of the law, an abuse of power, or other serious problem that relates to an intelligence activity that involves classified information, the complaint must get forwarded to the Director of National Intelligence.

When the Director of National Intelligence receives a complaint, they have a week to forward the complaint and any relevant documents that support it to the intelligence committees in Congress. If an intelligence community whistleblower follows that procedure, their claim should be heard and acknowledged by those who have the power to address the wrongdoing without exposing the classified information associated with it. If the inspector general dismisses a complaint as not credible or, even worse, ignores it entirely, the whistleblower is not without options. They may take their complaint directly to Congress if they first comply with two additional requirements. First, the whistleblower must notify the inspector general of their intent to approach Congress directly with their complaint. Next, they must seek guidance from the Director of National Intelligence about how to approach Congress without revealing classified information. Once those two steps are complete, the whistleblower can contact Congress with their complaint while following the instructions provided to them by the Director of National Intelligence on how to do so in a way that protects classified information.

Whistleblowers often experience retaliation in a variety of ways, including but not limited to threats of prosecution or job loss. Fortunately, would-be whistleblowers within the intelligence community can protect themselves from those threats and keep classified information securely under wraps by following the provisions of the Intelligence Community Whistleblower Protection Act. To learn more about whistleblower laws and whistleblower protection claims, call the Mississippi Whistleblower Attorney at Barrett Law PLLC today at 1 (601) 790-1505 to set up an initial consultation.

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Mississippi Whistleblower Attorneys Say Whistleblowers Crucial to Protecting National Security

The courageous actions of whistleblowers at all levels of influence bring things to light that would otherwise remain hidden. Each wrong that a whistleblower exposes can provide an opportunity for businesses or governments to mitigate some of the consequences that could be caused by the wrongdoing, outcomes that have the potential to be widespread and devastating without intervention.

Sometimes, whistleblowers expose threats or concerns to our national security. The House Intelligence Committee just released a declassified document containing a whistleblower complaint against President Trump. The document was released shortly before the director of national intelligence was set to testify regarding that complaint. The complaint, filed by an as yet unidentified whistleblower, alleges that the President of the United States is soliciting interference with the 2020 Presidential election from a foreign country.

In their complaint, the whistleblower claims to have received information from multiple United States officials regarding that solicitation. The information is said to have come to light over the past four months, by more than six officials who conduct official interagency business with the whistleblower. That official business routinely includes the sharing of information that would inform those individuals and equip them to carry out their policymaking duties regarding their areas of responsibility.

The whistleblower speaks to potential concerns about the validity of their complaint by explaining how the pieces of information that were revealed to them were each revealed by multiple sources and corroborate with each other. Some of the information also corroborates with publicly reported information. The whistleblower’s complaint, which they claim they have filed in fulfillment of their duty to report this matter, which they say falls within the definition of an urgent concern as defined by 50 U.S.C. §3033(k)(5)(G). The whistleblower’s complaint also implicates other individuals besides the President in the solicitation efforts, including the President’s personal attorney and the Attorney General of the United States.

Much of the complaint focuses on a July 25th telephone conversation between President Trump and Ukrainian President Volodymyr Zelensky. According to the individuals who shared their concerns with the whistleblower, President Trump used the majority of the phone call to advance his personal interests. During the conversation, the President is alleged to have pressured Zelensky to investigate the activities of Joe Biden and his son. He also asked Zelensky to provide information about the Russian interference with the D.N.C.’s computer networks in 2016. Trump also asked the Ukrainian President to meet with individuals that he has selected to serve as his envoys. Approximately a dozen government officials listened to the conversation, which is customary procedure for routine calls with foreign leaders, which is what everyone thought that phone call would be.

The content of the President’s July 25th telephone call with Volodymyr Zelensky is just one concern raised by the whistleblower complaint. There are also concerns about the actions of officials in the White House following that conversation. We will explore those concerns in a separate article.

The integrity of the election process in the United States has come under increasing scrutiny in recent years. National security is also at risk when the election process is tampered with by foreign countries. The Mississippi Whistleblower Protection Attorneys of Barrett Law PLLC support whistleblowers in their efforts to maintain our nation’s integrity and keep America safe. To learn more about whistleblower protection, call 1 (601) 790-1505 to arrange an initial consultation with the Mississippi Whistleblower Attorneys of Barrett Law PLLC.

 

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Mississippi Whistleblower Attorney Says Whistleblower Complaints Demand Accountability

When whistleblowers file complaints like the one that was recently filed regarding President Trump, individuals and organizations are called upon to account for their actions. Accountability for one’s actions or the actions of a company, group, or agency is critical to the healthy functioning of companies, organizations, and governments. In a previous article, we investigated how the President’s interactions with foreign leaders have the potential to undermine the integrity of the United States’ Presidential election process. In this article, we’ll explore another element of the whistleblower’s complaint; the allegation that Senior White House officials misused their authority in handling records of a phone call after it happened.

The complaint recently filed by an unidentified whistleblower regarding President Trump’s July 25th, 2019 telephone call with Ukrainian President Volodymyr Zelensky alleges that the President exerted pressure on Zelenskyy to take actions that would help strengthen Trump’s 2020 bid for reelection. The complaint also alleges that in the days following the telephone conversation, Senior officials in the White House acted outside the scope of their authority in ordering records of the phone call to be locked down.

Select White House officials do have the authority to divert sensitive and classified information from the standard procedures for information handling that White House officials ordinarily follow while carrying out their official duties. There is a system outside of customary information handling procedures that is only to be used to handle information that is highly sensitive and classified. The whistleblower’s complaint raises the question of whether the White House officials who removed the records of the July 25th phone call from the standard information handling system and placed them into the system intended only for highly sensitive information abused their power and discretion in doing so.

According to the whistleblower’s complaint, at least one White House official stated that the telephone call did not contain any highly sensitive national security matters and thus did not require special handling apart from the customary procedures. The system is reserved for codeword-level intelligence matters, and it is directly managed by the National Security Council’s (NSC’s) Directorate for Intelligence Programs. Codeword-level intelligence matters include things like covert operations. Codeword-level intelligence can only be viewed by individuals who possess the proper level of security clearance to see them and the specific codeword associated with the information. The whistleblower’s complaint claims that other officials share the concern over this Administration using the NSC-managed information handling system for inappropriate reasons. Their concern applies to the July 25th telephone conversation, as well as other matters placed into that system, that are politically sensitive but have nothing to do with national security.

Whistleblower complaints draw criticism and even abuse from those whose alleged wrongdoing is detailed in them. No one wants their poor choices or mistakes brought to everyone’s attention, but whistleblowers must continue to do this crucial work. Accountability is critical to the proper function of corporations, organizations, and governments, and whistleblowers play a significant role in holding people and organizations accountable for their actions. To learn more about the protections available to whistleblowers, call Mississippi Whistleblower Attorney Jonathan Barrett of Barrett Law PLLC today at 1 (601) 790-1505 for an initial consultation.

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Experienced Mississippi Whistleblower Lawyer Discusses Proposed Law to Enhance Dodd-Frank’s Whistleblower Protections

I was pleased to see that the U.S. House of Representatives recently passed the Whistleblower Protection Reform Act of 2019 by an overwhelming majority, 410-12. This bipartisan bill enhances the Dodd-Frank Act’s whistleblower protections and makes clear that employers in the finance industry cannot retaliate against whistleblowers who report security fraud. This law is a direct reaction the U.S. Supreme Court’s horrible 2018 decision, Digital Realty, Inc. v. Somers, which held that only whistleblowers who reported fraud to the Securities and Exchange Commission or SEC enjoyed anti-retaliation protection, not those who report fraud to any number of other available agencies.

Are you considering becoming a whistleblower? You will need the help of an experienced whistleblower attorney to guide you through the process and to attain your fair share of compensation. Contact Barrett Law now at (601) 790-1505 to attain the advice you need.

The U.S. House Attempts to Rewind Digital Realty Case

The U.S. Supreme Court’s Digital Realty decision dramatically narrowed how most people imagined a whistleblower. Traditionally, a whistleblower was thought of as someone who made either internal or external reports of securities fraud to the SEC. However, because of the way Dodd-Frank was written, the statute’s retaliation clause and ant-retaliation provision applied only to those whistleblowers that reported fraud externally and only to the SEC. This is a problem because many whistleblowers in the world of finance first make their reports internally and then may make subsequent reports to law enforcement agencies other than the SEC. As written, Dodd-Frank did not extend whistleblower protections to these individuals.

The changes proposed by the Whistleblower Protection Reform Act of 2019 would bring external finance whistleblowers back within Dodd-Frank’s anti-whistleblower clause. In short, if approved by the Senate and signed by President Trump, the Whistleblower Protection Reform Act of 2019 will return finance industry whistleblowers to their pre-Digital Realty position. This is good for everyone, as it incentivizes internal whistleblowing, which allows finance companies to change their practices before an SEC investigation. Whistleblowers will still be entitled to a significant percentage of the fraud they reported, if they report it externally to the SEC within 120 days, and will enjoy whistleblower protection for their disclosures.

As an example of the sort of disclosure at issue here the SEC recently made an award of $4.5 million to a finance industry whistleblower who internally reported a kickback scheme was occurring in relation to his work in Brazil. The SEC’s enforcement action resulted in a $30 million recovery for the U.S. government. Attaining this sort of reward will require the help of a skilled whistleblower attorney.

Are You Considering Making a Whistleblower Claim?

Are you a finance industry employee considering filing a whistleblower case? While the reward for submitting a successful claim can be significant, you will only receive this sort of multi-million dollar award with the help of an experienced whistleblower attorney. The SEC and U.S. Department of Justice receive thousands of potential whistleblower claims each year, and only those that meet their requirements and are reported in a way that triggers their interest are acted upon. Careful pleading and an organized approach to gathering evidence are critical to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (601) 790-1505.

Experienced Mississippi Whistleblower Lawyer Jonathan Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

 

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Experienced Mississippi Whistleblower Lawyer Discusses the Facebook and Cambridge Analytica Case

Facebook has become a ubiquitous presence in American life. However, along with that popularity has come tremendous power and control over Facebook users’ personal information. A recent U.S. Securities and Exchange Commission, or SEC, whistleblower case has resulted in a $100 million penalty for Facebook after a whistleblower exposed Facebook’s decision to provide Cambridge Analytica with a treasure trove of user information, which violated Facebook’s specific policies.

Are you considering becoming a whistleblower? You will need the help of an experienced whistleblower attorney to guide you through the process and to attain your fair share of compensation. Contact Barrett Law now at (601) 790-1505 to attain the advice you need.

Background

This case stems from a data analytics company called Cambridge Analytica, which harvested Facebook profile information from approximately 30 million people in the U.S. The collected data included, genders, names, birth dates, genders, and “likes,” all of which violated Facebook’s express and internal policies. In turn, Cambridge Analytica used the data to sell to various political organizations.  While Facebook realized that Cambridge Analytica was improperly using Facebook user data, it failed to adequately and clearly acknowledge to investors and users that their data had been compromised.

SEC’s Facebook Penalty Shows the Power of Cybersecurity Whistleblowers

The $100 million SEC settlement with Facebook illuminates several interesting issues. First, it shows that cybersecurity breaches will now be one of the new frontiers of whistleblower law. These cybersecurity whistleblowers have retaliation protection under the Sarbanes-Oxley Act and may be eligible forwards under the SEC’s whistleblower program as well.

Second, this settlement shows that internet companies that promise a certain level of privacy to members or subscribers will be held accountable by the SEC if they breach that promise. This falls under the “half-truth doctrine,” which is a legal doctrine that states that if a company speaks through a formal public filing or informally, such as through a media statement, the half-truth doctrine requires the corporation to include all additional information necessary to make the statement not misleading to consumers. Here, Facebook was blatantly making statements about information privacy to both members and stockholders that were not entirely true.

Third, this settlement highlights the SEC’s requirements that publicly traded companies maintain adequate internal controls. Facebook had policies in place prohibiting the transfer of user’s data to third parties, but these policies were ignored. Once Facebook discovered the breach, it failed to disclose them adequately.

What Should You Do if You are Considering Making a Cybersecurity Whistleblower Claim?

Are you aware of fraud occurring within the internet or cybersecurity industry, and are you considering filing a whistleblower case? While the reward for submitting a successful claim can be significant, you will only receive this sort of award with the help of an experienced whistleblower attorney. In this Facebook case, the whistleblowers are entitled to $15 to $30 million. However, the SEC and U.S. Department of Justice gets thousands of potential whistleblower claims each year, and only those that meet their requirements and are reported in a way that triggers their interest are acted upon. Careful pleading and an organized approach to gathering evidence are critical to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (601) 790-1505.

Mississippi Whistleblower Lawyer Barrett can provide you with the advice you will need to file a successful cybersecurity whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

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Experienced Mississippi Whistleblower Lawyer Discusses Airline Industry Whistleblowing

Anyone who has watched the news over the past few months is aware that two Boeing 737 Max planes have recently crashed, killing 346 people. What has not gotten the same amount of press is that whistleblowers had come forward about safety issues with these planes starting in August 2018. At issue with the Boeing planes are their anti-stall systems, which are allegedly flawed. The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21 Act) provides protections for whistleblowers reporting concerns about air safety issues, specifically including protections against retaliation.

Are you considering becoming an airline industry whistleblower? You will need the help of an experienced whistleblower attorney who knows the AIR21 Act’s intricacies to file your complaint in a way that results in it being taken seriously and so that it does not result in retaliation against you. Contact Barrett Law now at (601) 790-1505 to attain the advice you need.

 The AIR21 Act

The AIR21 Act prohibits retaliation against an employee of a U.S. air carrier, its contractor, or its subcontractor for raising concerns and making a whistleblower claim regarding any law or regulation related to air carrier safety. The AIR Act protects whistleblowers who provide information regarding any alleged violation of federal air carrier safety laws or FAA orders, regulations, or standards. Specifically, the Air Act protects employees who: Disclose a violation of an airline safety regulation to their employer or a federal government entity; Commence a proceeding related to the breach of an airline safety regulation; Testify, assist, or participate in a process related to the violation of an airline safety regulation.

First, it is essential to remember that the AIR21 Act only protects employees of U.S. air carriers, as foreign carriers are not subject to Federal Aviation Administration rules. Second, the Act protects employees from being disciplined, discharged, harassed, threatened, or discriminated against because of their safety allegations. Third, the employee does not have to provide the factual basis underlying the violation they allege but have to enunciate the violation. That means that it is not the employee’s responsibility to investigate or prove up his or her allegation; instead, it is the airline’s responsibility to investigate the complaint once it is made.

What Sort of Damages Can an Airline Employee Receive Under the AIR21 Act?

If you are an employee or contractor for a U.S. air carrier and are retaliated against because of a whistleblower complaint, you are due a wide range of possible compensation, such as all back pay, pay for emotional trauma, compensation for harm done to your reputation, reinstatement in your prior position or an equal amount of pay, and compensation for lost future earnings.

What Should You Do if You are Considering Making a Whistleblower Claim?

As the Boeing 737 Max accidents have shown, there are grave consequences to ignoring complaints from experts within the airline industry. Are you a pilot, executive, or other airline professional considering filing a whistleblower case regarding violations of FAA rules and regulations? You have a right to file your complaint without fear of retribution or retaliation. Careful pleading and an organized approach to gathering evidence are critical to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (601) 790-1505.

Our seasoned Mississippi Whistleblower Lawyer can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

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Experienced Mississippi Whistleblower Lawyer Discusses Davis-Bacon Act Qui Tam Cases

If you have performed hourly work for the federal government or work for a company that does construction or related activities, you have likely heard of “Davis-Bacon” wages.  The term “Davis-Bacon” comes from the federal Davis-Bacon Act, which ensures that private companies working for the federal government do not attain lucrative government contracts by lowering employees’ wages.  Instead, Davis-Bacon mandates that government contractors must pay their employees “local prevailing wages.”  This prevents contractors from pushing wages lower and lower in a community as they compete for government bids. If a contractor intentionally ignores or flouts the Davis-Bacon statute, it can be prosecuted under the False Claims Act; I will describe what this sort of complaint would look like below.

Are you considering becoming a whistleblower? You will need the help of an experienced whistleblower attorney to help you answer questions about taping as well as many others.  Contact Barrett Law now at (601) 790-1505 to attain the advice you need.

The Davis-Bacon Act and Qui Tam Whistleblower Cases

There are two different aspects of the Davis-Bacon Act that are at issue in whistleblower cases.  One is for construction contracts, and the other is for service contracts.  For construction contracts, all government contractors and subcontractors must pay employees the “locally prevailing wages and fringe benefits” for similar work.  For service contracts, contractors and subcontractors must pay “wage rates and fringe benefits prevailing in the locality.”  Generally speaking, contractors and subcontractors on government contracts must promise to pay employees whatever a similar employee would make in the community.

Fraud occurs under the Davis-Bacon Act when a contractor submits invoices to the federal government indicating that he or she has paid Davis-Bacon Act compliant wages to his or her employees, but then actually pays the employees less than he states.  This is an attractive scam to employers, as they keep the difference between the claimed rate of pay and the amount they actually pay.  While you may think that employees would immediately notice the difference, that is not always in the case.  That is because the employer may still be paying the employees an adequate pay rate, resulting in suspicion not being aroused. Additionally, employees rarely have access to or a sufficient understanding of government contracts to be aware that they are being paid less than is due them.

Davis-Bacon Act fraud cases are often discovered by contractors’ administrative personnel, such as secretaries, comptrollers, and accountants.  These office workers have access to information that demonstrates the gap between what the contractor claimed to be paying employees and what he or she is actually paying them.  That gap is a fraud against the federal government and is ripe for a whistleblower case brought under the False Claims Act.

The Davis-Bacon Act applies to all contracts with the federal government over $2500, but these construction and service contracts are often in the millions and even billions of dollar range.

What Should You Do if You are Considering Making a Whistleblower Claim?

Are you considering filing a whistleblower case? If you are an employee of a federal contractor that is claiming to pay Davis-Bacon wages and is in actuality not, you are aware of fraud against the federal government.  The reward for submitting a successful claim can be 15% to 30% of any recovery, which often ranges into the millions million dollars for government construction contracts.  You will only receive this sort of award with the help of an experienced whistleblower attorney. The U.S. Department of Justice gets thousands of potential whistleblower claims each year, and only those that meet their requirements and are reported in a way that triggers their interest are acted upon.  Careful pleading and an organized approach to gathering evidence are critical to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (601) 790-1505.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call our Mississippi Whistleblower Lawyer today!

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