False Claims Act Whistleblower Retaliation Protections
The fear of losing your job remains the primary reason people hesitate to report corporate fraud. Fortunately, Section 3730(h) of the False Claims Act explicitly prohibits retaliation against employees, contractors and agents who expose wrongdoing against the government. These protections shield you even if no qui tam lawsuit is filed or the underlying claim fails.
At Fischer Legal Group, our experienced attorneys in New York handle whistleblower retaliation protection matters nationwide. With over 20 years of litigating False Claims Act cases, we stand ready to pursue your retaliation claim alongside a whistleblower lawsuit or as an independent legal action.
What Counts As Protected Activity?
Protected activity under Section 3730(h) extends far beyond filing a formal lawsuit. Federal law shields you when you do the following:
- Investigate suspected fraud
- Raise internal concerns
- Gather evidence of fraud
- Assist government investigators
- Support a qui tam lawsuit
The legal safeguard activates the moment you begin investigating suspicious behavior. This means you do not need to prove actual fraud occurred to receive full protection.
What Retaliation Looks Like
Retaliation often begins shortly after an employer learns of an investigation. Examples of retaliatory acts include:
- Demotion
- Termination of employment or forced resignation through hostile working conditions
- Pay cuts, denied wage increases or withholding of earned performance bonuses
- Unjustified negative performance reviews that contradict your past work history
- Workplace harassment, threats or deliberate professional isolation
- Blacklisting to hinder future employment prospects in your industry
Retaliation does not always take the form of an immediate firing or an explicit threat. Instead, a subtle pattern of negative treatment following your efforts to report fraud provides strong evidence that your employer acted unlawfully.
Remedies Available Under The False Claims Act
Under this legislation, you can recover remedies if your employer retaliates against you. Our attorneys can file this retaliation claim as a standalone lawsuit or combine it directly with a broader fraud case against your company. Here’s what you can recover:
- Reinstatement: Courts order reinstatement to your former job with the same seniority status.
- Double back pay: Employers must pay double back pay plus accrued interest on all lost wages.
- Special damages: Whistleblowers receive compensation for special damages, including litigation costs and reasonable attorney fees.
You have three years from the date of your employer’s retaliatory act to file a claim in court. Because missing this deadline permanently forfeits your right to recover damages, speaking with an attorney early is essential to protecting your case.
Talk To Our Attorneys Today For Legal Guidance
At Fischer Legal Group, our attorneys represent only whistleblowers nationwide and all communications remain strictly protected by attorney-client privilege. Call us at 212-577-9231 or complete this form to set up an appointment.