A whistleblower settlement can range from a few thousand dollars in a retaliation case to millions in a fraud case. What you can recover depends on the law you use and how the case ends. This page explains the main ways whistleblowers get paid and what moves the number. For the legal rules, read our guide to whistleblower protection.

Two ways a whistleblower gets paid

Whistleblower money comes from two different places, and they follow different rules.

• A reward: Some programs pay you a percentage of what the government recovers because of your report. The False Claims Act and the SEC and CFTC programs work this way.

• Retaliation damages: If your employer punished you for speaking up, you can claim lost pay, emotional distress, and other damages. This is the usual path in an employee case.

Many whistleblowers have both. A fraud report can lead to a reward, and the retaliation that followed can lead to a separate claim.

What is the average whistleblower settlement?

There isn't one average. A case about a small billing error looks nothing like a case about a large government contract. The numbers below come from the government and show the range of outcomes. Don't treat any one of them as a promise for your case.

A big total doesn't mean a big payout for each person. The government's money is shared among many cases, and many cases pay far less.

Whistleblower settlement amounts in reward cases

In a False Claims Act case, the whistleblower is called a relator. The court generally pays the relator 15% to 25% of the recovery when the government joins the case, and 25% to 30% when it doesn't. The SEC and CFTC programs pay 10% to 30% of the sanctions when they top $1 million. Read our guide to qui tam and federal whistleblower programs for how those cases work.

Real cases show how this plays out. The Justice Department publishes the details of its settlements.

The Justice Department described both settlements as resolving allegations, with no finding of liability.

Average settlement for whistleblower retaliation

Retaliation cases follow different math. You're not paid a share of the fraud. You're paid for what the retaliation cost you. That can include back pay, future lost earnings, and money for emotional distress. Some laws add punitive damages, penalties, double back pay, or attorney's fees. California Labor Code 1102.5 allows a civil penalty and fees for a retaliation claim.

Most whistleblower retaliation settlements follow the same pattern as other retaliation cases, so our guide to what retaliation claims are worth gives useful ranges. California rules can raise value. See our page on California whistleblower protection.

What drives the amount

• The extent of the fraud and how much money the government lost.

• The quality of your information. Specific dates, documents, and names carry more weight than general suspicion.

• How much you cooperate with investigators.

• Whether the government takes over the case.

• Your own role. If you took part in the wrongdoing, your share may drop.

• Your pay and how long you were out of work, in a retaliation claim.

• Your emotional distress and the proof of it.

Types of fraud that lead to large payouts

• Health care fraud, including false Medicare and Medicaid billing.

• Defense and government contractor fraud.

• Financial and securities fraud reported to the SEC or CFTC.

• Environmental violations.

• Tax fraud reported to the IRS.

Risks and challenges for whistleblowers

Speaking up carries risks. Your career may suffer, even though the law bans retaliation. The process can be stressful, and cases can take years. Payment is not guaranteed, since some cases end with no reward.

A lawyer can weigh these risks with you before you act. If you're wondering about fees, read how much employment lawyers cost. For the broader picture, see how much you can get from an employment lawsuit.

Is whistleblower retaliation a crime?

It can be. Federal law makes it a crime to retaliate against someone who gives truthful information about a federal offense to law enforcement. Most retaliation cases, though, are civil. That means you sue for money, not to put the boss in jail.

Can whistleblower claims be released?

In a settlement, you can usually release your own claims against your employer in exchange for money. But an agreement can't stop you from reporting to a government agency such as the SEC. Read any release carefully, since it may also limit what you can say about your case. Have a lawyer review it first.

Why employees choose Kingsley Szamet

Eric Kingsley and Kelsey Szamet lead the firm, and we represent employees only. We review your facts, explain which path may apply, and tell you what your case may be worth. See all employment lawyer practice areas.

Frequently asked questions

What is the average settlement for whistleblower retaliation?

There isn't one number. Retaliation cases pay for lost pay and harm, so the amount depends on your pay, your time out of work, and your proof. A lawyer can estimate a range after reviewing your documents.

What is the average whistleblower settlement?

It varies widely. Fraud cases can pay a reward of 15% to 30% of what the government recovers. Retaliation cases pay damages. Neither has a fixed average.

What percentage does a whistleblower get?

Under the False Claims Act, generally 15% to 25% if the government joins the case and 25% to 30% if it doesn't. The SEC pays 10% to 30% of sanctions over $1 million.

What is a whistleblower lawsuit payout based on?

It depends on the type of case. In a reward case it's a share of the recovery. In a retaliation case it's your lost pay, emotional distress, and other damages.

How long does a whistleblower case take to pay out?

Fraud cases often take years because the government investigates first. Retaliation cases can settle in months to a couple of years.

How much does a whistleblower lawyer cost?

At Kingsley Szamet, you pay no fee unless we recover money for you. Your first consultation is free.

Contact Kingsley Szamet Employment Lawyers

Call (818) 990-8300 to talk about what your case may be worth. You can also schedule a free consultation online. We're at 16133 Ventura Blvd #1200, Encino, CA 91436, and we represent employees across California. This page gives general information. It isn't legal advice, and past results don't guarantee future outcomes.