Maryland Whistleblower Lawyers

To find out if you may qualify for a whistleblower award or if you have a claim for whistleblower retaliation, click here, or call us at 202-262-8959.

Our experienced and effective whistleblower rewards lawyers can help you determine if you qualify for a whistleblower reward and work with you to maximize your recovery under various whistleblower reward programs, including the following:

• SEC Whistleblower Reward Program: whistleblower rewards for reporting violations of the federal securities laws.
  • The largest SEC whistleblower reward to date is $279 million.
• CFTC Whistleblower Reward Program: whistleblower rewards for reporting violations of the Commodity Exchange Act.
  • The largest CFTC whistleblower reward to date is $200 million.
• IRS Whistleblower Reward Program: whistleblower rewards for reporting tax fraud or underpayments.
  • The largest IRS whistleblower reward to date is $104 million.
• False Claims Act / Qui Tam Lawsuits: whistleblower rewards for reporting fraud on the government.
  • The largest qui tam whistleblower reward to date is $266 million.
• Anti-Money Laundering Whistleblower Reward Program: whistleblower rewards for reporting money laundering and sanctions violations.

U.S. News and Best Lawyers® have named Zuckerman Law a Tier 1 firm in Litigation – Labor and Employment in the Washington DC metropolitan area.

See our tips to get the maximum damages in a Maryland whistleblower retaliation case.

Click here to read reviews from clients that we have represented in whistleblower rewards and whistleblower retaliation matters.

Whistleblower Damages and Remedies for Maryland Whistleblowers

Maryland is generally an at-will employment state, but there are statutory and common law remedies for whistleblowers that have suffered retaliation for disclosing unlawful conduct.  In addition, Maryland whistleblowers are eligible for financial rewards for reporting certain types of fraud.

Sarbanes-Oxley Whistleblower Protection for Maryland Corporate Whistleblowers

The whistleblower protection provision of SOX protects:

• employees, officers, and agents of publicly traded companies (companies issuing securities registered under section 12 of the Securities Exchange Act of 1934 or required to file reports under section 15(d) of the Securities Exchange Act of 1934);
• employees of any subsidiary or affiliate of a publicly-traded company whose financial information is included in the consolidated financial statements of such company;
• employees of contractors or subcontractors of public companies, including the attorneys and accountants who prepare public companies’ SEC filings;[i] and
• employees of nationally recognized statistical rating organizations (as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c).

Whistleblowers are protected under SOX for providing information, causing information to be provided, or otherwise assisting in an investigation regarding any conduct disclosing conduct that they reasonably believe violates:

• federal criminal prohibitions against securities fraud, bank fraud mail fraud, or wire fraud;
• any rule or regulation of the Securities and Exchange Commission (“SEC”); or
• any provision of federal law relating to fraud against shareholders

when the information or assistance is provided to or the investigation is conducted by:

• a federal regulatory or law enforcement agency;
• any Member of Congress or any committee of Congress; or
• a person with supervisory authority over the employee (or such other person working for the employer who has the authority to investigate, discover, or terminate misconduct).

Significantly, SOX protects internal disclosures, such as an employee raising a concern to a supervisor about misleading financial data in an SEC filing.

To learn more about corporate whistleblower protections, download our free guide titled Sarbanes-Oxley Whistleblower Protection: Robust Protection for Corporate Whistleblowers.

To learn about federal whistleblower protection laws, visit our webpage about whistleblower protections for private-sector employees.

Whistleblower Protections for Employees of Maryland Federal Government Contractors and Grantees

Employees of federal government contractors and grantees in Maryland are protected from retaliation under the anti-retaliation provision of the False Claims Act and the NDAA.

The anti-retaliation provision of the False Claims Act protects steps taken in furtherance of a potential or actual qui tam action and efforts to stop 1 or more violations of the FCA.  Protected conduct includes raising concerns to a supervisor about fraud on the government or opposing fraudulent billing practices.

Recently the Second Circuit held that a refusal to violate the False Claims Act is protected under the FCA’s anti-retaliation provision.

Prevailing in a False Claims Act retaliation claim requires a showing that:

1. the employee engaged in protected activity;
2. the employer had knowledge that the employee was engaged in protected activity;
3. the employer took an action that had a negative effect on the terms, conditions, or privileges of employment, such as termination, demotion, suspension, harassment and any other act that would dissuade a reasonable person from reporting violations of the False Claims Act; and
4. the employer retaliated against the employee because of this conduct.

The scope of protected whistleblowing under the NDAA whistleblower protection provision is far broader than the scope of protected conduct under the False Claims Act.  Under the NDAA whistleblower protection provisions, protected conduct includes the disclosure of information that the employee reasonably believes is evidence of:

• gross mismanagement of a Federal contract or grant;
• a gross waste of Federal funds;
• an abuse of authority  relating to a Federal contract or grant; or
• a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract.

To be protected, the disclosure must be made to a Member of Congress or Congressional committee, an IG, the GAO, a federal employee responsible for contract or grant oversight or management at the relevant agency, an authorized official of DOJ or other law enforcement agency, a court or grand jury or a management official or other employee of the contractor or subcontractor who has the responsibility to investigate, discover, or address misconduct.

See our Practical Law Practice Note: Whistleblower Protections Under the National Defense Authorization Act.

Click here to learn about the qui tam or whistleblower rewards provision of the False Claims Act.

Maryland Whistleblower Protection Law

The Maryland Whistleblower Protection Law, State Personnel and Pensions Article (“SPP”), § 5-301, et seq. protects “employees and State employees who are applicants for positions in the Executive Branch of State government” from reprisal for disclosures of information evidencing:

• abuses of authority;
• gross mismanagement;
• gross wastes of money;
• substantial and specific dangers to public safety;
• or violations of law.

SPP § 5-305.

The statute of limitations for filing a claim is 6 months after the employee first knew of or reasonably should have known of the retaliation. A court may award costs and reasonable attorney’s fees to a prevailing complainant.  The purpose of the Maryland Whistleblower Law is to prevent a State agency “from using a personnel action as a retaliatory measure against an employee or applicant for State employment who has made a disclosure of illegality or impropriety.”

Within 60 days of the filing of a complaint, the Maryland Department of Budget and Management’s, Statewide Equal Employment Opportunity Coordinator shall investigate the complaint and issue a written decision. Within 10 days after receiving a decision, the complainant may appeal the decision to the Office of Administrative Hearings.

The Maryland Whistleblower Law is interpreted in accordance with its federal counterpart, the Whistleblower Protection Act, 5 U.S.C. § 2302 (2018). See Montgomery v. E. Corr. Inst., 835 A.2d 169, 178 (Md. 2003) (noting that the Maryland Whistleblower Law was patterned after the Whistleblower Protection Act, that the language of SP&P § 5-305 is similar to that of § 2302(b)(8), and that in such situations, interpretations of the federal statute are persuasive regarding the state statute).

Whistleblower Protections for Employees of Maryland Contractors

A whistleblower employed at a Maryland contractor that suffers retaliation can bring a claim within one year of the alleged violation. Md. Code Ann., State Finance and Procurement § 11-303.  Covered employers include any “person engaged in a business, industry, profession, trade, or other enterprise that enters a procurement contract with a unit [of Maryland’s government] to provide supplies or services.”

Protected whistleblowing includes disclosing information that the employee reasonably believes evidences:

Maryland SEC Whistleblower Attorneys

The SEC whistleblower lawyers at leading Maryland SEC whistleblower law firm Zuckerman Law represent whistleblowers before the SEC disclosing fraud and other violations of federal securities laws, including:

• Accounting fraud;
• Investment and securities fraud;
• Insider trading;
• Foreign bribery and other FCPA violations;
• EB-5 investment fraud;
• Manipulation of a security’s price or volume;
• Fraudulent securities offerings and Ponzi schemes;
• Hedge fund fraud;
• Unregistered securities offerings;
• Investment adviser fraud;
• Broker-dealer anti-money laundering program violations;
• False or misleading statements about a company or investment;
• Inadequate internal controls;
• Deceptive non-GAAP financial measures; and
• Violations of auditor independence rules.

The SEC has jurisdiction over a wide range of industries and entities – both public and private. If you have information that may qualify for an SEC whistleblower reward, contact the experienced Maryland SEC whistleblower lawyers at Zuckerman Law for a free, confidential consultation.  Click here or call a Maryland whistleblower lawyer today at 202-262-8959.

Tips for Maryland Corporate Whistleblowers to Qualify for an SEC Whistleblower Award

5 Tips for SEC Whistleblowers and Lessons Learned from SEC Whistleblower Awards

See our column in Forbes: One Billion Reasons Why The SEC Whistleblower-Reward Program Is Effective

Maryland Common Law Wrongful Discharge in Violation of Public Policy

Maryland common law provides a limited public policy exception to the at-will employment rule for wrongful termination where the discharge contravenes some clear mandate of public policy.  Courts may rely on “prior judicial opinions, legislative enactments, or administrative regulations” as the chief sources of public policy and the “declaration of public policy is normally the function of the legislative branch.”  Adler v. Am. Standard Corp., 291 Md. 31, 45, 432 A.2d 464, 472 (1981).

As wrongful discharge in violation of public policy in Maryland is a tort action, a prevailing plaintiff can obtain punitive damages.

There are three key limitations on the wrongful discharge tort:

1. The public policy must “be reasonably discernible from prescribed constitutional or statutory mandates.”  Wholey v. Sears Roebuck, 370 Md. 38, 50-51, 803 A.2d 482, 491.  For example, terminating an employee for testifying at an official proceeding or reporting a suspected crime to the appropriate law enforcement or judicial officer is contrary to the public policy articulated in Maryland’s witness intimidation statute and is therefore actionable.
2. Where a statute already provides a remedy, the wrongful discharge tort does to provide a duplicative remedy.  A discharge motivated by gender discrimination would not be actionable under the Maryland wrongful discharge tort because Title VII of the Civil Rights Act already provides a remedy for gender discrimination.
3. Where a wrongful discharge action is based on whistleblowing, the employee must report the suspected criminal activity to the appropriate law enforcement or judicial official, not merely investigate suspected wrongdoing and discuss that investigation with co-employees or supervisors.

Click here to read about additional whistleblower protections under Maryland law.

Top-Rated Maryland Whistleblower Law Firm

We have extensive experience representing whistleblowers under a variety of whistleblower protection laws.  See our client testimonials by clicking here.

• U.S. News and Best Lawyers® have named Zuckerman Law a Tier 1 firm in Litigation – Labor and Employment in the Washington DC metropolitan area.
• Described by the National Law Journal as a “leading whistleblower attorney,” founding Principal Jason Zuckerman has established precedent under a wide range of whistleblower protection laws and obtained substantial compensation for his clients and recoveries for the government in whistleblower rewards and whistleblower retaliation cases.  He served on the Department of Labor’s Whistleblower Protection Advisory Committee, which makes recommendations to the Secretary of Labor to improve OSHA’s administration of federal whistleblower protection laws.  Zuckerman also served as Senior Legal Advisor to the Special Counsel at the U.S. Office of Special Counsel, the federal agency charged with protecting whistleblowers in the federal government.  At OSC, he oversaw investigations of whistleblower claims and obtained corrective action or relief for whistleblowers.
• Zuckerman was recognized by Washingtonian magazine as a “Top Whistleblower Lawyer” (2020, 2018, 2017, 2015, 2009, and 2007), selected by his peers to be included in The Best Lawyers in America® in the category of employment law (2011-2022) and in SuperLawyers in the category of labor and employment law (2012 and 2015-2022), is rated 10 out of 10 by Avvo, based largely on client reviews, and is rated AV Preeminent® by Martindale-Hubbell based on peer reviews
• We have published extensively on whistleblower rights and protections, and speak nationwide at seminars and continuing legal education conferences.  We blog about new developments under whistleblower retaliation and rewards laws at the Whistleblower Protection Law and SEC Awards Blog, and in 2019, the National Law Review awarded Zuckerman its “Go-To Thought Leadership Award” for his analysis of developments in whistleblower law.

To schedule a consultation, click here or call us at (202) 262-8959.