WHY WHISTLEBLOWERS BLOW THE WHISTLE
Any contractor with a reasonable amount of government business may be the target of a whistleblower complaint alleging non-compliance with contract terms or other improper behavior. Often whistleblowers are current or former employees. While some may feel that they were not “heard” when trying to raise questions internally, contractors should never discount the importance of money as an answer as to why a person may be motivated to blow the whistle. A recent case involving Boeing is a good example. In U.S. ex rel. Roath et al. v. The Boeing Company, the whistleblower (Roath) alleged that Boeing did not comply with various aspects of a V-22 tilt rotor contract. Although the civil fine was relatively small for a qui tam whistleblower case at $8.1 million, Roath will receive over $1.5 million for his or her trouble. That’s not enough to never have to fly commercial again but, coupled with other investments and savings, $1.5 million will enable a comfortable retirement. Whistleblowers can earn more money for higher recoveries, too, depending on how important their information is to driving a settlement or conviction. Contractors can mitigate the risk of such actions by ensuring that employees who raise allegations are heard through an established, verifiable process. An anonymous complaint process is also an established best practice. While it might be tempting to send a would-be whistleblower to a far-off location to learn the art of coffee cup archway making, there should be no retaliation against such workers. Communication, as always, is the key to ensuring that people feel valued, even when they may raise a flag about a given action. It’s easier to solve these problems than to have to defend against a whistleblower case, something that can take years to settle and cost almost as much in defense fees as a fine.