Whistleblowing has been a part of the legal lexicon in this country since the Civil War when, in response to contractors defrauding the government, President Lincoln signed the False Claims Act (FCA).  Now, even without the recent political spotlight in Washington, employer and employee advocates are aware that federal and state laws have prompted increased whistleblowing in both the public and private sector. Many of these laws now provide both protection to whistleblowers and in some instances, significant rewards and financial inducements. Additionally, government increasingly relies on whistleblowers as a key adjunct to enforcement efforts.

This article will provide a basic understanding of the many whistleblowing laws. We then turn to the basic question for lawyers counseling clients facing whistleblowing allegations—what do you do when your client has a whistleblower in the organization?