Protection from Retaliation—False Claims Act
The government increasingly relies on whistleblowers to uncover fraud. Unfortunately, any employee who blows the whistle on an employer faces the grave risk of an adverse employment action, such as termination or demotion.
Fortunately, the False Claims Act protects against retaliation in certain situations. If you have evidence of fraud committed against the government, please contact Stacey Evans Law today. Our Atlanta False Claims Act attorney will help protect your rights.
Are You Protected from Retaliation?
Protection against retaliation is available to employees, contractors, and agents who engage in “protected activity,” such as:
- Trying to stop fraud committed against the federal government, or
- Pursuing a qui tam lawsuit against the party that defrauded the government.
The law is expansive. “Protected activity” includes reporting suspected fraud to a supervisor at work and even refusing to participate in a fraudulent scheme. For example, someone who refuses to upcode or engage in off-label marketing cannot suffer retaliation.
You will be protected if your employer took negative employment action when it was aware of your activities. However, your employer does not need detailed allegations of the fraud. And, in fact, most employers will not have that information: the initial allegations are filed under seal. Nevertheless, many employers can figure out which employee or agent had information about a fraudulent scheme, and then they retaliate.
If you do not know if you are protected, please reach out to an Atlanta False Claims Act attorney quickly to review.
What Retaliation is Prohibited?
You might have the right to file a lawsuit for unlawful retaliation if you experienced any of the following because of your protected activity:
- Termination
- Suspension
- Demotion
- Reassignment
- Cut in salary or benefits
- Discipline
- Harassment
- Threats
In short, any manner of discrimination is illegal when it is motivated by a desire to retaliate.
What Remedies are Available for Retaliation?
If you suffered retaliation, you can seek various remedies, such as:
- Reinstatement into your old job with the same seniority
- Double back pay (with interest)
- Emotional distress and other non-economic damages
- Attorney’s fees and court costs
Some of our clients do not want to return to their old job, which is perfectly fine. In that case, monetary damages for back pay and emotional distress will make up the bulk of relief sought in court. Please discuss your goals with your attorney.
If you choose to file a lawsuit for unlawful retaliation, then you have three years to do so. The clock starts ticking from the date of the retaliation.
In addition to compensation for suffering retaliation, many whistleblowers can participate in the qui tam action and might receive a portion of the proceeds recovered from the defendant for their fraud. This could represent a considerable amount.
Contact Stacey Evans Law for More Information
Our Atlanta-based law firm has helped many men and women who possess information about fraud but are afraid they might lose their jobs. Please contact us today to schedule a time to talk. We can assist if you have yet to blow the whistle or if you have already suffered an adverse employment action.
