The False Claims Act (FCA) and Anti-Retaliation
The FCA was enacted and is now enforced to prevent and punish acts of fraud committed against the government. Therefore, the FCA itself encourages individuals with knowledge of such fraud to bring it to light.
One way the FCA encourages such actions is with the law’s anti-retaliation provision. Under that provision, a whistleblower cannot be discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against, because of the whistleblower’s actions in investigating, reporting, or in any way trying to stop fraudulent activities.
- Fictional Example A: A nurse working at a clinic which accepts Medicare payments from the federal government sends an e-mail on a Friday afternoon to her office manager complaining about billing codes being entered for treatments which never occurred, then finding herself out of a job by the following Monday afternoon.
- Fictional Example B: A project manager for a contractor who is supervising the construction of a new federal building complains to his boss about certified payroll records exceeding actual hours worked by the company’s employees, then soon finding himself to be the subject of discipline and the first negative performance review of his career.
In addition to relator’s shares of proceeds recovered under the FCA, whistleblowers who suffer from related workplace retaliation may also be able to recover two times any lost wages, as well as other damages and attorney’s fees. If you believe you have been retaliated against in violation of the FCA, please contact me by e-mail ([email protected]) or by phone (865-546-4646) at any point to discuss the same.
This blog is being made available by a lawyer for educational purposes only. This blog is not being published to provide any type of specific legal advice. By using and reading this blog, you must understand that there is no attorney client relationship of any kind is being created between you and the lawyer or his firm. This blog should not be used as a substitute for specifically tailored legal advice from a licensed attorney in your state of residence, or in the state your case/claim may arise.