The False Claims Act (FCA) provides the strongest anti-retaliation protections for whistleblowers after they file qui tam claims. However, this does not mean you do not have protection while you are building your qui tam action.
Can you file a retaliation claim before you file a qui tam claim?
Generally, yes. Many courts have interpreted the FCA to protect pre-filing activities that are in the furtherance of a potential qui tam action.
In other words, you may be able to file a retaliation claim if your employer retaliates against you while you are building your qui tam case. Yes, even before you file a qui tam claim or if that claim is unsuccessful.
The reasoning behind this protection is that if the government requires a qui tam lawsuit to receive anti-retaliation protection, it will undercut the incentive of investigating and eventually reporting fraud.
What are the requirements for filing a retaliation claim?
First, you must prove that your actions aimed to further your potential qui tam action. This can include:
- Internal reporting
- Gathering evidence
- Reaching out to relevant government agencies
- Identifying potential witnesses
Second, your employer must be aware of your actions and intent. Lastly, you must have evidence of your employer retaliating against you for working on a qui tam claim. Examples of retaliation include but are not limited to:
- Demotion
- Termination
- Harassment
- Salary reduction
- Exclusion from social activities
- Negative performance reviews
Documentation is key for both your qui tam and retaliation claim. Gather evidence of retaliation, such as negative treatment in emails, performance reviews and financial documents.
Why do you need legal assistance?
Proving retaliation can be challenging without proper documentation and legal help. If you are experiencing this kind of treatment from your employer, don’t hesitate to consult a whisteblower attorney who can help you explore your legal options.
Remember that the FCA aims to protect whistleblowers, including the ones that have filed claims successfully and those working towards them.
