Anti-Retaliation Provision of the Federal False Claims
The Federal False Claims Act
(FCA) includes a provision which protects whistleblowers from
retaliation from their employers. The Anti-Retaliation
provision of the FCA prohibits an employer from retaliating against
an employee "because of lawful acts done by the employee . . . in
furtherance of an action." 31 U.S.C. §3730(h).
Prohibited retaliation includes: termination, suspension,
demotion, harassment or any other discrimination in the terms and
conditions of employment. In order to prevail, an employee
must prove: (1) that the employee took action in furtherance of an
FCA action; (2) that the employer knew about these acts; and (3)
that the employer discriminated against the employee because of
No Requirement to File a False Claims Act Lawsuit
An individual may receive whistleblower protection regardless of
whether a whistleblower lawsuit has been filed under the False Claims
Act. Conducting an investigation without knowledge
of the existence of the False Claims Act is still considered "in
furtherance of" an action. This is to protect from
retaliation those who plan to file a case, and take action in
furtherance of a case, but for whatever reason never actually file
an FCA action.
Damages Under the Anti-Retaliation Provision
The False Claims Act's Anti-Retaliation provision may deter
employers who know that punishing whistleblowers for protected
conduct can expose the employers to substantial damages.
Under the FCA, the relief from retaliation includes reinstatement
with the same seniority status, two times back pay plus interest
"and compensation for any special damages sustained as a result of
the discrimination, including litigation costs and reasonable
attorneys' fees." 31 U.S.C. § 3730(h)(2).
Contact Us To Learn More
If you have discovered evidence of government fraud,
contact an experienced False Claims Act attorney before blowing the
whistle. You may be entitled to a substantial reward and the legal
protections afforded to whistleblowers under state and federal
laws. The attorneys of Berger & Montague are nationally
recognized experts in Whistleblower/Qui Tam actions with over a
decade of experience pursuing these complex fraud cases. For more
information or to schedule your confidential consultation,
contact us online or call us at 1-800-424-6690.
For further reading:
What is the False Claims
Life of a Qui Tam Lawsuit and Why You Want the Government to
What Whistleblower Clients Can
Expect From Our Lawyers
What is Qui Tam Law?
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