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Top 5 Essential Tips for Whistleblowers in 2025

December 20, 2024
Top 5 Essential Tips for Whistleblowers in 2025

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With hundreds of millions of dollars awarded annually to whistleblowers who file a case the right way, and nothing but heartache for those that take the wrong path, it’s essential to approach the process of blowing the whistle strategically. Whistleblowing can be a powerful way to expose wrongdoing and bring justice, but navigating the legal and procedural complexities requires thought, research, and careful preparation. Here are the Top 5 essential tips for whistleblowers heading into 2025:

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Know What You’re Blowing the Whistle On

Not every issue qualifies for whistleblower protections or rewards. Understanding the nature of the misconduct you’re reporting is the first step to determine if you’re protected as a whistleblower, eligible to receive a whistleblower reward and in building a strong case.

Whistleblower protections and incentives are typically available in cases involving active government programs or defined by statutes like:

  • Fraud against the government is addressed through the False Claims Act (e.g., Medicare Fraud, Medicaid Fraud, Defense Contractor Fraud, PPP Loan Fraud, Customs Fraud).
  • Tax evasion resulting in a liability of at least $ 2 million (e.g., IRS Whistleblower Program).
  • Securities fraud or insider trading, where the company doesn’t have the best interest of the customers in mind, isn’t preserving documents, is churning or inside trading (e.g., SEC Whistleblower Program).

Before moving forward, find out whether the issue you’re reporting falls under a statute or program that provides protection and/or financial rewards. If it doesn’t, you could risk retaliation without legal safeguards.

Speak with a Whistleblower Lawyer Before Blowing the Whistle

Timing and approach are critical in whistleblower cases. Consulting a whistleblower law firm early in the process ensures that you follow the correct steps to preserve your rights and strengthen your case.

A skilled whistleblower attorney can help you:

  • Determine the best course of action for reporting the misconduct.
  • Gather evidence in compliance with legal requirements.
  • Decide how to file and whether to file anonymously or under seal.
  • Protect you from retaliation.

The right whistleblower law firm can mean the difference between a successful claim with a significant reward and a dismissed case. Don’t underestimate the value of professional advice from someone who is skilled in this area of law.

Know Your Rights and Your Options

As a whistleblower, you have rights—and knowing them is essential to protecting yourself. Depending on the statute involved, you may have the right to:

  • Confidentiality: Some programs, like the SEC and IRS whistleblower programs, allow you to file anonymously.
  • Anti-retaliation protections: Laws like the False Claims Act prohibit employers from retaliating against whistleblowers.
  • Financial rewards: Many statutes provide whistleblowers with a percentage of the government’s recovery.

Additionally, you need to understand your options. Should you report internally or externally? Should you involve regulatory agencies or file a qui tam lawsuit or both?  Should you stay or plan to leave?  What if you’re profiting from the scheme – what should you do?  A professional whistleblower attorney can walk you through these choices and help you make informed decisions and plan for your parachute not just wait idle and hope things will become better.

Select the Right Whistleblower Law Firm for Your Case

Whistleblower cases are complex and challenging. Attempting to navigate the legal landscape without the benefit of experience can jeopardize your claim and your career.

The right whistleblower law firm will have:

  • A proven track record of success in whistleblower cases.
  • Experience with the specific statutes relevant to your claim.
  • Resources to conduct thorough investigations and build the whistleblower case.
  • The ability to advocate effectively with government agencies, by typically having former Department of Justice alumni or whistleblower lawyers who routinely interface with the DOJ who prosecutes the bulk of the whistleblower cases under the False Claims Act.

Firms like Brown, LLC, who are routinely considered one of the best whistleblower law firms, handles whistleblower cases and has helped clients and the government recover hundreds of millions of dollars in aggregate while protecting their clients’ rights. Choosing a firm with a proven track record helps maximize your chances for success and can shepherd you through the tough times with the benefit of their experience.

Document Everything Legally

One of the most critical steps you can take as a whistleblower is to document everything related to the misconduct you’re reporting. The strength of your evidence can make or break your case.

Here are a few tips for effective documentation:

  • Record key details: Write down dates, times, locations, and descriptions of incidents.
  • Lawfully Gather supporting evidence: This may include emails, internal reports, contracts, invoices, or photos.  This step is critical to work in concert with an experienced whistleblower law firm to make sure you don’t cross the line.
  • Avoid tampering or theft: While collecting evidence is important, ensure that you’re not violating laws or workplace policies in the process.  Many people think things like HIPAA can’t be shared, but there’s exceptions for reporting fraud, but before you take any step you should speak with a whistleblower attorney.
  • Maintain confidentiality: Loose lips sink ships – stay under the radar.

Following the 5 Essential Whistleblower Tips in 2025

Whistleblowing is an act of courage and can be both mentally and economically rewarding, but it’s not without risks. By following these five essential tips, understanding what you’re reporting, consulting professionals, knowing your rights, securing the right legal representation, and documenting everything—you can maximize your chances of success.

With the right approach and the right team, you can play a critical role in uncovering misconduct and making a lasting impact in the fight for justice.

Reviewed by

Legal Assistant. Bridget supports attorneys in managing case files and providing administrative assistance. She also co-hosts the World of Whistleblowers with Mr. Brown.