False Claims Act whistleblowers are afforded certain protections from retaliation when they attempt to stop fraud against the government or expose wrongdoing by a company against the government by pursuing False Claims Act claims. These protections against retaliation extend to most whistleblowers even if their fraud allegations ultimately are unsuccessful. As long as a False Claims Act whistleblower reasonably acted to stop violations of the False Claims Act, the whistleblower will generally enjoy protection even when returning to the workplace after blowing the whistle.
Hagens Berman doesn’t leave whistleblowers to face these challenges alone. We work side by side with our clients to construct a False Claims Act case that will include allegations of retaliation where appropriate, plainly setting forth the violations our client’s acted upon and establishing why a corporation or other fraudulent actors must be penalized.
WHISTLEBLOWER PROTECTION FROM RETALIATION
Civil lawsuits by corporations stemming from dismissed False Claims Act cases are rare. The accused company has to argue that a whistleblower violated the law in reporting on fraud and also unjustly caused the company damage unrelated to its actual commission of fraud.
The Department of Justice does not look favorably on companies who retaliate against whistleblowers, in particular when those whistleblowers have filed suit under the False Claims Act. The Act provides numerous protections and remedies for whistleblowers who are retaliated against.
WHISTLEBLOWER SAFEGUARDS AND BENEFITS
At any point in a False Claims Act investigation – even before the complaint is filed – whistleblowers or potential whistleblowers are protected from backlash in the workplace. If their employers are found guilty of engaging in certain forms of harassment, unlawful termination, or other bad faith behavior, the False Claims Act allows a judge to issue stiff penalties to the business and significant remedies for the whistleblower. Penalties can include fines for the company and substantial awards for the whistleblower.
A successful False Claims Act whistleblower will generally receive 15 to 30 percent of the amount recovered by the government against those who committed the fraud reported on. Whistleblowers are entitled to recovery whether the government intervened and took over the case or the whistleblower’s attorney handled the case on behalf of the government. In addition, if the company violated the False Claims Act’s prohibitions on retaliation, the whistleblower can recover even more.
CONTACT HAGENS BERMAN TO FIND OUT MORE ABOUT SAFEGUARDS FOR WHISTLEBLOWERS
At Hagens Berman, our False Claims Act legal team focuses on protecting whistleblowers who bring injustice to light. Our team of lawyers works diligently to build a strong False Claims Act case that protects our clients while bringing wrongdoing to light.
Contact Hagens Berman to discuss your options and protections provided under the False Claims Act and allow us to guide you to the best possible outcome. Know that you are under our protection from retaliation through each phase of your False Claims Act case. You can also visit our whistleblower informational page for more helpful articles and videos on the False Claims Act.
