Protecting The Whistleblower

If you are contemplating blowing the whistle on your employer, vendor, healthcare provider or an individual and hiring a lawyer to file a False Claims Act action in New York or Florida, you should be aware of whistleblower protection.

There are several ways under the False Claims Act that whistleblowers are rewarded for coming forward while protecting your privacy and preventing your employer from retaliation and intimidation:

A False Claims Act action is filed under seal and not served upon or revealed to the defendant or the public, while the Government investigates the claims and decides whether or not to intervene.

In the event your identity is found out, the False Claims Act prevents a person or entity from firing or otherwise punishing or retaliating against you for blowing the whistle. This protection has recently been clarified to extend beyond just "employers" to include anyone else that can retaliate against a whistleblower and to cover not just "employee" whistleblowers but "agent" or "contract" whistleblowers as well.

The hefty 15% to 30% award of the Government's recovery is also meant to reward you, as whistleblower.

An employer may try to silence and intimidate potential whistleblowers with a confidentiality agreement. However, this is often not sufficient to preclude you from blowing the whistle or commencing an action. It is important to consult with a skilled and experienced attorney to navigate around this and other complex issues.

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