In civil litigation, there are two scenarios which invoke the term “whistleblower.”

A “whistleblower” is the status claimed by an employee who alleges that he has been fired or disciplined as retaliation against some report or action he has undertaken to a governmental or law enforcement agency against some illegal conduct of his employer. Thus, a former employee who attempted to take action against his employer’s illegal wage practices or unfair work conditions would claim this status (see California Labor Code section 1102.5) in his “wrongful termination” suit against his employer. Then there is the subject of this article, in which a “whistleblower” alleges that a person or business has engaged in fraudulent conduct against a government agency which violates the federal False Claims Act (31 U.S.C. §3729, et seq.) or a state’s False Claims Act (such as California’s Government Code section 12650, et seq.)


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