The False Claims Act also provides protection for any employee who is a whistleblower. Courts have generally interpreted the provision broadly to protect employees even if they don’t actually file a False Claims Act suit.
The protection of the Act extends to any employee who is discharged, demoted, suspended, threatened, harassed “or in any other manner discriminated against in the terms and conditions of employment by his or her employer” in retaliation for any lawful act taken by the employee in furtherance of an action under the False Claims Act. The protection extends to all activities involving the investigation and initiation of a False Claims Act case, testimony in such a case or any assistance in an action filed or to be filed under the Act. In order to fall within the Act's employment protections, most courts require an employee to demonstrate that (1) he or she engaged in an activity protected by the statute in furtherance of a qui tam suit, (2) the employer knew of the employee's actions, and (3) the employer retaliated against the employee as a result of these actions.
"The
False Claims Act provides some protections for employees who have
been retaliated against as a result of their whistleblowing activities."
An employee who obtains relief under the Act is entitled to reinstatement
with the same seniority status that the employee would have had but
for the discrimination, two times the amount of back pay owed, interest
on the back pay and compensation for any “special damages”
sustained as a result of the discrimination, including litigation
costs and attorneys’ fees.
In some situations, it is desirable for a whistleblowing employee
to retain separate employment counsel to handle the employment aspects
of a False Claims Act case. In other situations, the whistleblower’s
False Claims Act attorney can handle both the employment and fraud
aspects of the qui tam case. In most instances, it makes sense to
file the employment allegations as part of the overall qui tam litigation.
