False Claims Act

The False Claims Act – Whistleblower Protections

“ Whistleblowers have played a vital role in unmasking fraudulent schemes that might otherwise evade detection. The taxpayers owe a debt of gratitude to those who often put much on the line to expose such schemes.” 

Department of Justice Press Release, December 21, 2018

Disclose illegality and wrongdoing without fear of retaliation. The False Claims Act (“FCA”) provides whistleblowers with protection against many of the risks associated with coming forward and reporting fraud on the government. First a whistleblower’s identity remains secret while the case is under seal. In addition, the FCA provides remedies for whistleblowers who come forward against their employers and are subsequently discharged, demoted, suspended, “or in any other manner discriminated against in the terms and conditions of employment” in retaliation for involvement in a FCA case. This protection extends not only to the qui tam whistleblower, but also to anyone assisting the qui tam whistleblower, and anyone working with the government “in furtherance of” a FCA action. Further, in addition to employers, contractors and agents and persons other than employers potentially may be liable for retaliation.

If a whistleblower or other person covered by the anti-retaliatory provision of the FCA is terminated or otherwise mistreated for the whistleblower’s activities, the person is entitled to reinstatement at the same seniority level, double the amount of back pay owed, interest, and compensation for any special damages sustained as a result of the discrimination, such as litigation costs and attorneys’ fees.