Employees of military defense contractors are often afraid of becoming whistleblowers, even when they see their employers committing the most shameless waste or abuse.
Everyone has heard stories of employees being harassed, demoted or even fired for being whistleblowers. Most employees cannot afford to lose their jobs or suffer from retaliation, so they don’t report the misuse of federal funds. Instead, they just keep working, secretly hoping the government will figure out what’s going on. But, as we all know, the government does not do a very good job of guarding against waste or abuse.
Well, things are about to change.
On Jan. 28, 2008, President Bush signed the National Defense Authorization Act, which contains a new anti-retaliation provision protecting employees of military defense contractors.
This new law is exciting, because it protects contractor employees who are concerned about waste and abuse.
Now those employees will finally receive protection they deserve for blowing the whistle on waste or abuse on contracts with the Department of Defense. The new law authorizes the government to force its defense contractors to pay damages to any employee who is discharged, demoted, or discriminated against. The government can also make contractors pay any expense the employee incurs in protecting his or her rights, including all out-of-pocket costs and attorney fees. It can even require the company to take steps to prevent retaliation in the future.
The law protects contractor employees who report waste or abuse to the DOD inspector general, provided they are acting in good faith. All the employee must show is that they “reasonably believe” that there is either 1) a gross mismanagement of a DOD contract or grant, or 2) a gross waste of funds, together with a specific danger to public health or safety. The law also applies any time an employee reports that the company is violating the law in performance of the contract or grant.
This new law represents an upgrade in the protections offered to whistleblowers.
The False Claims Act already protects employees who report that their company is committing fraud. (The False Claims Act is not limited to defense contractors, but applies to all companies that cheat the government.)
The False Claims Act contains two important features:
- Rewards. It rewards citizens who report fraud against the government. They receive 15-25 percent of the amount the Department of Justice collects from any company cheating the government, including Medicare and the military.
- Protection. It protects employees from being discharged, demoted, or discriminated against for reporting fraud. Under its anti-retaliation provision, the whistleblower is entitled to double their damages, plus attorney fees. It is not necessary to prove that fraud occurred. As long as they make their reports in good faith, employees receive double their damages, reinstatement and attorney fees.
This means there are now two reliable arsenals available for military defense contractor employees who report either fraud, waste, or abuse.
If they report fraud, the False Claims Act permits them to recover double damages for any retaliation. This is in addition to any rewards they are entitled to under the statute for reporting fraud.
If they report waste or abuse, the new law makes sure the employee retains the same position they would have been in if they had not reported waste or abuse – including their level of pay, promotions and attorney fees.
Thank your president and Congress for protecting the whistleblowers who want to do the right thing. Now it is up to citizens to do their part in reporting fraud, waste, or abuse.
Servile Biden-puffing ‘journalists’ loyal to the end
Tim Graham