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Legal Protections for Whistleblowers Who Want to Stay Anonymous
We often hear the phrase “see something, say something,” but it’s not always that easy when you become aware of illegal activity at work. Whether you found out that your company is engaging in fraud, harassment, safety violations, or other unlawful behavior, deciding to come forward as a whistleblower is a big decision. Many employees want to come forward to ensure that companies are held accountable and employees and consumers are kept safe. Still, they may be worried about potential retaliation at their current company or what becoming a whistleblower might mean for their careers in the future. Fortunately, there are procedures in place to help you stay anonymous as well as federal and state safeguards that can protect you against retaliation.
Understanding the Difference Between Anonymous and Confidential Whistleblowing
When someone comes forward as a whistleblower, they have the option of remaining anonymous or confidential. While many believe these are the same, there is a significant difference. An anonymous whistleblower’s identity is never disclosed — not even to the agency or employer who receives the complaint. A confidential whistleblower, on the other hand, is someone whose identity is not revealed to the public, but other entities, such as investigators or the agency that received the complaint, may know who the person is.
Many people want to remain anonymous to protect their jobs, families, and reputations, but this isn’t always possible. Specific legal processes may eventually require the disclosure of the whistleblower’s identity, especially in certain industries. In some cases, filing a completely anonymous report can also limit how much investigators can do, as it may be difficult or impossible to follow up if more information is needed.
Protections for Anonymous Whistleblowers
The federal government understands how important it is for employees who witness illegal activity to feel comfortable coming forward to report it. That’s why there are various federal protections for whistleblowers to ensure they are safe from retaliation. In some cases, this includes allowing someone to file a complaint anonymously.
The Dodd-Frank Act allows employees to report violations within the financial and securities industries. Whistleblowers can make completely anonymous reports, and everything about the case remains confidential.
The False Claims Act also allows whistleblowers to file confidential complaints (to report companies that are making fraudulent claims to the government) without revealing their identity to an employer. However, the complaint is made public after the investigation, which can also result in the whistleblower’s name being released.
Complaints related to tax fraud or other illegal financial activity may be reported to the IRS, which has strict confidentiality requirements when it comes to protecting the identity of the whistleblower. However, you do have to provide your name when making a complaint, which makes this technically a confidential filing instead of an anonymous one.
At the state level, the California Whistleblower Protection Act protects employees who come forward to report illegal activity within their companies. While you may have to provide your name to the investigating agency, your identity cannot be released to anyone other than law enforcement agencies without your permission, ensuring you remain anonymous.
If you’re concerned about your identity being revealed and what that might mean for your future, the team at Odell Law, PLC, can discuss your options and ensure you understand what protections are available.
What Happens After Someone Files a Whistleblower Complaint?
What happens after you file a whistleblower complaint depends on your industry and the agency responsible for investigating. In most cases, the first step will be for the agency to review your filing and determine if it has jurisdiction over the case. If the agency believes the complaint has merit, it will start the formal investigation process. Depending on the type of complaint and whether you filed anonymously or just confidentially, the investigating agency may also request more information from you.
In some cases, the employer will be notified that a complaint has been made against them and that the agency is investigating. If the complaint was anonymous or confidential, the whistleblower’s identity will be withheld. Depending on the complexity of the case and which agency is responsible for investigating, it can take months or even years for the case to be resolved. If wrongdoing is found, the company will be subject to enforcement actions and potentially even criminal charges. If the agency can’t find any evidence to support the complaint, the case will likely be closed without action. Whether the whistleblower’s identity remains confidential at this stage depends on the type of case.
One Major Pitfall of Anonymous Complaints for Employees
It is important to note that there may be a major drawback to filing your complaint anonymously (or even confidentially) against your employer: if your employer discovers (or just suspects) that you are the whistleblower and then terminates your employment in retaliation, you may have a very difficult time proving your whistleblower retaliation case in court. This is because the whistleblowing employee (you) must establish proof that the company (1) knew about the complaint and (2) knew it was you who made the complaint (and thus the employer unlawfully targeted you for retaliation). Without a supporting witness and/or documents to corroborate the employer’s knowledge or suspicion that it was you who made the complaint, simply arguing that you believe the employer might have known is rarely enough to prevail. Thus, while an anonymous complaint may keep you “under the radar” from your employer’s retaliation, you might be sacrificing significant legal protections if your identity is later discovered and you are terminated as a result.
Working With an Attorney to Protect Your Identity
Consulting with an attorney who has experience with whistleblower cases is important to ensure you get strategic guidance before filing a complaint. An attorney can help you determine the safest and most effective way to report wrongdoing and help you preserve your anonymity as much as possible. Having an attorney who is already familiar with your case and experiences can also help you if you experience whistleblower retaliation and need to make a case to show that you were unfairly penalized for coming forward.
At Odell Law, PLC, our team is dedicated to helping individuals understand their rights before coming forward to report illegal activity to make it as safe as possible. We can help you determine how to stay anonymous and what steps to take before speaking up. Whether you aren’t sure if you have something worth reporting or you want to take action against an employer who retaliated against you, Odell Law, PLC, is here to ensure you don’t have to go through this process alone. Take the first step by calling our office at 949-771-8173 to schedule a free consultation.
