Qui tam lawsuits generally only occur in highly unusual circumstances. These are lawsuits brought against businesses by employees. The employees serve as relators and initiate the lawsuit on behalf of the government. They have the authority to do so under the False Claims Act.
Medical businesses and other companies that bill the government for services sometimes engage in fraudulent billing conduct. When workers uncover signs of fraudulent billing, they may feel compelled to take legal action. A qui tam lawsuit is one way for a professional to become a whistleblower.
Whistleblowers drawing attention to fraudulent billing practices often feel anxious about their employers learning about the lawsuit and taking retaliatory steps against them. What confidentiality protections exist for relators who are filing qui tam lawsuits?
A 60-day seal
The qui tam litigation process is somewhat complex. The relator prepares the initial lawsuit with the support of an attorney. They submit the necessary documentation to the courts and to relevant government agencies.
From there, the government can review the case and determine if it intends to intervene. In cases where the government assumes control over a qui tam lawsuit, disclosing the identity of the relator is common practice.
Typically, the whistleblower initiating the lawsuit has protection because their lawyer files the lawsuit in a sealed form. The information about the lawsuit is not publicly accessible for at least 60 days. Once that window of confidentiality expires, then the relator’s identity may become public knowledge.
An anonymous filing
In some cases involving particularly powerful organizations or other complicating factors, relators may be able to justify an anonymous legal filing. It is possible for plaintiffs to sometimes identify themselves as an anonymous complaining party, often by adopting the pseudonym of John Doe or Jane Doe in the petitions submitted to the courts.
This approach is not always appropriate, and whistleblowers may need to discuss the situation at length with their attorneys to look into their options for protecting their privacy. Relators may worry about facing direct retaliation from their employers. They may also worry about prospective future employers uncovering information about the lawsuit during an online background check.
Discussing the possibility of a whistleblower lawsuit and company conduct with a skilled legal team can help people explore their options. There are ways for relators to protect their privacy even as qui tam lawsuits unfold.