Coming forward to fight fraud against the government takes courage. Most whistleblowers fear retaliation, and even the bravest whistleblower wants to know what will happen if they face retaliation.
Fortunately, state and federal laws, including the False Claims Act (FCA), provide protections for whistleblowers. A FCA lawsuit is originally filed under seal and is not served on the defendant while the government investigates the claim, during which the identity of the whistleblower remains anonymous. The federal False Claims Act (FCA) also includes comprehensive False Claims Act whistleblower retaliation protection for those who have experienced retaliation.
Navigating False Claims Act retaliation cases requires specialized legal expertise. Our attorneys understand the complexities of FCA anti-retaliation provisions and have extensive experience helping whistleblowers pursue H claims while protecting their rights throughout the process.
The Anti-Retaliation Provision
One of the most important pieces of whistleblower protection legislation is the anti-retaliation provision of the False Claims Act. 31 U.S.C. § 3730(h). The FCA retaliation provision prevents employers from firing, threatening, suspending, harassing or otherwise discriminating against employees who report or try to stop an employer who is taking part in fraudulent activity against the government.
If an employer does terminate, suspend, harass or otherwise act against a whistleblowing employee, the provision allows the employee to file a lawsuit seeking damages. These lawsuits are sometimes called "H" claims, named after the relevant subpart of the False Claims Act. If you have experienced False Claims Act retaliation, an H claim allows you to file a lawsuit seeking damages against your employer. To succeed with an H claim, the employee needs to prove that they were involved in an activity protect by the FCA and that they were discriminated against because of those protected activities. Employees typically have three years to file an H claim.
False Claims Act whistleblower retaliation protection extends beyond just filing a lawsuit. The FCA anti-retaliation provisions provide comprehensive remedies including:
- Reinstatement to your former position with the same seniority status
- Double back pay with interest for wages lost due to retaliation
- Compensation for any special damages sustained as a result of the retaliation
- Coverage of litigation costs and reasonable attorney's fees
These robust protections ensure that those who courageously report fraud are not left vulnerable to employer retaliation.
When to Contact a False Claims Act Retaliation Attorney
If you believe you're experiencing False Claims Act retaliation, time is critical. The FCA anti-retaliation provisions have specific procedural requirements and deadlines that must be met to preserve your rights.
Contact our firm immediately if you experience:
- Termination or demotion after reporting suspected fraud
- Harassment, threats, or hostile work environment following whistleblower activities
- Reduction in pay, benefits, or responsibilities after protected disclosures
- Exclusion from meetings, assignments, or career advancement opportunities
Our False Claims Act retaliation attorneys provide confidential consultations to evaluate your situation and explain your legal options under the FCA anti-retaliation provisions.
What Are Protected Activities?
Under the FCA, protected activities include attempts to report or stop fraudulent activity against the government. Protected activities include; refusing to participate in fraud, investigating and reporting fraud, and assisting others who report or investigate fraud. Importantly, whistleblowers do not have to prove fraud in order to prevail on their H claim – it is enough to show that they were engaged in a protected activity, and that they were discriminated against because of their protected activities.
To prove that the protected activity led to the discrimination, employees typically need to show that their employer had knowledge of the protected activity, and took action against the employee at least in part because of their protected activity. If an employee’s claim under the retaliation provision of the FCA is successful, the employee is entitled to various remedies, including reinstatement, double back pay with interest and reasonable attorneys' fees and litigation costs.
Are there protections for whistleblowers?
Although most relators in FCA cases ultimately cannot remain anonymous, the FCA includes provisions designed to protect whistleblowers. FCA cases are initially filed under seal, meaning the relator’s identity is not disclosed when a case is first filed. An anti-retaliation provision in the FCA also allows whistleblowers to seek relief should they face retaliation at any point, before or after the seal on their case is lifted.
Contact a False Claims Act Retaliation Attorney
Don't let employer retaliation go unchallenged. Our experienced False Claims Act retaliation attorneys are ready to protect your rights and pursue the compensation you deserve. Contact us today to discuss your False Claims Act whistleblower retaliation protection case.
Do not assume that any agreement you may have signed with an employer or former employer precludes you from filing a lawsuit under the FCA. If you did sign an employment agreement, such as a non-compete, a confidentiality agreement, or a severance agreement, consult an attorney about its merit.