Whistleblower Rights and Protections
Whistleblowers Are Protected and Whitney Law Group Will Defend That Protection
Whistleblowers are critically important to society because they speak truth to power when they oppose or expose illegal or unethical activity. There are state and federal laws that protect workers in Massachusetts and New Hampshire who blow the whistle on such activities. If illegal activity is happening in your workplace, you should be able to voice concern without fear of retaliation. However, things don’t always go smoothly, and when they don’t, Whitney Law Group can help.
Whistleblower Protection Laws - Massachusetts and New Hampshire
Massachusetts State Laws
- Massachusetts False Claims Act: protects employees who report fraud against the government; includes qui tam provisions allowing employees to share in government recoveries
- Massachusetts Healthcare Whistleblower Act: protects healthcare employees who report quality of care concerns
- Massachusetts Public Employee Whistleblower Act: protects state and municipal employees who report violations of law
- Chapter 149 §185: general employee whistleblower protection for private-sector employees who report violations of law or public policy
- Common law wrongful termination protections for employees fired in violation of public policy
New Hampshire State Law
- New Hampshire Whistleblower Protection Act (RSA 275-E) – prohibits retaliation against NH employees who report illegal employer conduct; two-year statute of limitations
Federal Laws
- Sarbanes-Oxley Act – protects employees of publicly traded companies who report securities fraud
- Dodd-Frank Act – SEC whistleblower program with financial awards for reporting securities violations
- False Claims Act (federal) – qui tam provisions for reporting fraud against the federal government
- OSHA-administered whistleblower programs covering environmental, transportation, nuclear safety, and other regulated industries
- Title VII, ADA, ADEA – anti-retaliation provisions protecting employees who report discrimination
What Whistleblower Representation Includes
- Evaluating which whistleblower statutes apply to your situation and which offer the strongest protections
- Advising employees before they make a report on how to document, to whom to report, and how to protect themselves
- Representing employees who have already reported and suffered retaliation
- Filing qui tam actions under the Massachusetts or federal False Claims Act
- Filing retaliation claims before the MCAD, NHCHR, EEOC, OSHA, or SEC as applicable
- Severance negotiation using whistleblower retaliation claim leverage
- Litigation in Massachusetts and New Hampshire state and federal courts
Frequently Asked Questions - Whistleblower Rights
Q: I reported illegal conduct internally and was fired two weeks later. What should I do?
Document the timeline immediately: when you made the report, to whom, in what form, and every adverse action that followed. Do not delete any communications. Then call an attorney before you do anything else – before you respond to HR, before you sign anything, and before you accept any severance. The temporal proximity between your report and the termination is powerful evidence of retaliation, and the decisions you make in the first days after termination significantly affect your legal position. Whitney Law Group advises whistleblower clients on these threshold decisions.
Q: What’s the difference between reporting internally to HR versus reporting to a government agency?
The protections available and the strength of your position can differ significantly. Internal reports are typically protected under general anti-retaliation statutes – but some whistleblower protections require a report to a government agency or regulatory body to trigger enhanced protections. For example, Dodd-Frank’s enhanced SEC whistleblower protections apply only to employees who report to the SEC, not just internally. The Massachusetts False Claims Act’s qui tam provisions require filing a lawsuit under seal, not just a report. Whitney Law Group advises on which reporting path gives you the strongest protection before you make any disclosures.
Q: Can I receive a financial reward for reporting fraud?
Potentially, yes. Under the federal False Claims Act and the Massachusetts False Claims Act, employees who file qui tam lawsuits on behalf of the government can receive 15–30% of the government’s recovery if the case succeeds. Under the SEC’s Dodd-Frank whistleblower program, eligible whistleblowers who provide original information leading to an SEC enforcement action resulting in sanctions over $1 million can receive 10–30% of the sanctions collected. These programs have resulted in very substantial awards. Whitney Law Group advises employees on whether their situation may qualify for a qui tam or SEC whistleblower submission.
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Serving Marblehead, MA and the North Shore
Whitney Law Group’s main office is at 11 State Street in Marblehead, MA, the firm’s home since its founding in 2017. We serve clients throughout Essex County and the North Shore, including Swampscott, Salem, Beverly, Peabody, Danvers, Gloucester, Newburyport, and Marblehead. Virtual consultations available statewide.