Reporting suspected government fraud can put you in a difficult position, especially if you worry about how your employer may respond. The False Claims Act (FCA) protects certain employees who take steps to address fraud involving government funds. Knowing what conduct the law protects and which employer actions may qualify as retaliation can help you recognize your options.
Protected activity under the False Claims Act
You may receive FCA protection if you take lawful steps to address suspected fraud involving government money. You do not have to file a qui tam lawsuit. Reporting concerns internally or taking reasonable steps to stop the fraud may qualify, as long as your actions could help prevent or address an FCA violation.
Employer actions that may count as retaliation
Your employer may violate the FCA if they punish you because of your protected efforts. Retaliation can take different forms, including:
- Firing or suspending you after you raise concerns about suspected fraud.
- Demoting you or reducing your responsibilities.
- Threatening or harassing you because of your actions.
- Treating you differently at work because you tried to address an FCA violation.
These actions can affect your job and livelihood. If your employer takes action against you after your efforts to address suspected fraud, the circumstances may matter in determining whether the conduct qualifies as unlawful retaliation.
Remedies for FCA retaliation
If your employer retaliates against you for protected FCA activity, you may have grounds to seek compensation. Depending on your case, the law may allow you to return to your job, recover twice your lost wages with interest and receive compensation for certain damages. You may also ask the court to cover qualifying legal expenses. You generally have three years after the retaliatory act to file your claim.
Steps to take after FCA retaliation
If you believe your employer punished you for addressing suspected government fraud, keep records of what happened, including relevant messages and employment changes.
Reviewing these details can help you determine whether your situation may fall under FCA retaliation protections. Because deadlines apply, consider seeking legal guidance promptly so you can understand your options and take appropriate action.