Yes, the False Claims Act (FCA) protects whistleblowers who report fraud against the federal government. Under this law’s anti-retaliation provisions, people who speak up, whether by investigating or filing a claim or by trying to stop fraud internally, can’t be fired, demoted, harassed, or otherwise punished for doing the right thing.
A key feature of the FCA is the qui tam provision, which allows private individuals, called “relators,” to file a lawsuit on behalf of the government. These cases, known as qui tam lawsuits, may result in the whistleblower receiving 15% to 30% of the funds recovered.
If you have already experienced retaliation, you may have legal protections and options for financial recovery. To learn more about your rights or how the process works, speak with a False Claims Act lawyer.
What kind of fraud does the False Claims Act cover?
The FCA applies to any kind of fraud that causes financial harm to the government. Some common examples include:
- Billing for services not provided
- Falsifying records to obtain payments
- Delivering low-quality goods under federal contracts
- Overcharging Medicaid or Medicare
- Avoiding repayment of government loans or grants (known as reverse false claims)
You do not need to work for the government to report this kind of fraud. The law applies broadly and protects people from many walks of life.
How does the FCA protect whistleblowers from retaliation?
The FCA includes a specific section, 31 U.S.C. § 3730(h), that protects employees or contractors who try to stop fraud from being punished for it. This means your employer can’t fire, demote, or threaten you for investigating or reporting suspected fraud. These protections apply whether or not you’ve filed a lawsuit.
If you’ve been retaliated against, the law may entitle you to reinstatement if you were fired, back pay you’re owed, compensation for emotional distress, and legal fee coverage.
What should I do if I’ve already experienced retaliation?
If you’ve already been punished for trying to report or stop fraud, you may still have legal options. Here’s what to consider:
- Write down what happened. Keep records of when the retaliation occurred, what was said or done, and who was involved.
- Keep supporting documents. Emails, performance reviews, and witness statements can all help support your case.
- Talk to a lawyer. A knowledgeable False Claims Act lawyer can explain your rights and help you take the next step.
You don’t need to have filed a formal claim to be protected. Even internal efforts to stop fraud can qualify for protection under the law.
Who can bring a False Claims Act whistleblower case?
Anyone with information about fraud against the federal government can file a qui tam lawsuit. This includes current and former contractors, consultants, and even competitors. You don’t have to be a U.S. citizen or work in a specific industry.
What matters most is whether you have first-hand knowledge of fraud that has led, or could lead, to financial loss for the government. In many cases, only the first person to file is eligible for a financial award. This “first-to-file” rule makes it important to act quickly.
What role does the Department of Justice play?
Once a qui tam case is filed, the DOJ reviews the evidence and decides whether to intervene. If they take over the case, they will handle most of the litigation. If they decline, the whistleblower may still pursue the case with the help of private counsel.
The DOJ often works alongside agency Inspectors General and whistleblower-focused law firms to investigate fraud claims.
Are there time limits for filing a retaliation claim?
Yes. If you’ve been retaliated against, you generally have three years from the date the retaliation occurred to file a claim under the FCA’s anti-retaliation provision. This is separate from the time limits that apply to qui tam lawsuits, which can vary based on the facts and how quickly the government learns of the fraud.
If you think you may have a claim, speaking with a lawyer early is the best way to protect your rights.
Talk to a False Claims Act lawyer about your rights
Bracker & Marcus LLC is one of the few law firms in the country that focuses exclusively on False Claims Act cases. We represent whistleblowers nationwide and provide the experience and personal attention needed to handle complex qui tam and retaliation claims from start to finish.
Whether the government joins your case or not, our team has a strong record of success, including in declined cases, where many firms walk away. Contact us online or give us a call at (770) 988-5035 for a free, confidential consultation with a False Claims Act attorney today.