WHISTLEBLOWERS AND THE FALSE CLAIMS ACT

The FCA contains a provision called a Qui Tam, which allows private persons with information not publicly available to file suits for violations of the FCA on behalf of the government. This means that when you file the suit, you are representing the government. This suit is usually filed under seal, to protect the whistleblower from retaliation.

Besides being filed under seal, the FCA also contains anti-retaliation provisions like the one commonly known as an “H Claim.” The H claim provision of the FCA states that “any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, agent or associated others in furtherance of an action under [the false claims act].” It also directly offers relief for those that suffer retaliation by requiring “reinstatement with the same seniority status that employee, contractor, or agent would have had but for the discrimination, 2 times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorneys’ fees.”

ANTI-RETALIATION LAW FIRM FOR WHISTLEBLOWERS

There are many other federal and state laws that contain anti-retaliation provisions for whistleblowers. The Sarbanes-Oxley Act, for example, contains a provision that protects employees of public companies who report fraud or misconduct. Whistleblowers also have protections under the National Labor Relations Act, which prohibits employers from retaliating against employees who engage in protected activity, such as reporting safety concerns.

If you have information about wrongdoing, you should consider coming forward and speaking to a whistleblower lawyer for a confidential consultation. Common law and numerous potentially applicable statutes provide you with important protections against retaliation, and you can help to make our society a better place by exposing wrongdoings.

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