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Whistleblower Protections
Washington DC Qui Tam Lawyers
In order to encourage courageous individuals of conscience to report fraud and false claims against the government, the False Claims Act affords specific legal protections to whistleblowers. The most important of these legal protections for whistleblowers are conditional anonymity and protection from retaliation.
Protection from Retaliation
Many whistleblowers in qui tam lawsuits are reporting on fraud committed in their workplace, often by their employer or boss. To protect whistleblowers from retaliation by qui tam defendants, subsection (h) of the False Claims Act allows whistleblowers to file a separate lawsuit against their current or former employer if they are discharged, demoted, suspended, threatened, or harassed in retaliation for actions related to their qui tam lawsuit.
Subsection (h) retaliation lawsuits are separate from the False Claims Act qui tam lawsuit. Any damages the whistleblower recovers are paid directly, without a percentage going to the government.
In order to ensure your full protection under subsection (h) of the False Claims Act, it is essential that you make your qui tam lawyer aware of any past, current, or future potential for retaliation. In addition, be sure to let your qui tam lawyer know of any changes in your employment status during either the investigation or prosecution of your qui tam lawsuit so that your attorney can include a subsection (h) claim in your qui tam Complaint.
Defendants found to be in violation of subsection (h) can be held liable for “special damages,” which include double any back pay owed, plus interest, as well as reinstatement without loss of seniority. Since subsection (h) claims are often adjudicated or settled long after the qui tam lawsuit has been resolved, the experienced attorneys of Chaikin, Sherman, Cammarata & Siegel, P.C. can help you pursue your subsection (h) lawsuit even without help from the Department of Justice.
Conditional Anonymity
As a pre-emptive protection from retaliation, the False Claims Act also provides conditional anonymity to whistleblowers who initiate a qui tam case. For a minimum of sixty days after you file your qui tam Complaint, your identity and the contents of the Complaint will remain under seal, disclosed only to the Court and the government’s team of investigators.
The Court may extend the Order keeping your identity a secret at the request of the government while the investigation continues, which often takes two or three years. However, your anonymity and the Court’s seal are not legally guaranteed to remain in place for more than sixty days.
The defendant accused of making false claims against the government will not be informed that the qui tam Complaint exists until the seal is lifted. Nonetheless, it is possible that the defendant may learn of the government’s investigation or the qui tam lawsuit through other means while the case remains sealed.
Anonymity and Government Intervention
If the US Department of Justice decides to join your qui tam lawsuit on behalf of the government, the False Claims Act Complaint will be served on the defendants, revealing the whistleblower’s identity. If the Department of Justice decides not to intervene, the whistleblower and his or her qui tam attorney may either continue litigating the case or abandon it.
The Complaint will also be served on the defendant if the whistleblower decides to continue the qui tam lawsuit after DOJ declines to intervene. However, if the whistleblower gives up the case, her qui tam attorney may be able to prevent the seal on the Complaint from being lifted and protect her anonymity from the defendant. If the seal is lifted after the whistleblower discontinues the case, the Complaint will not be served on the defendant, but will be merely a document in the public record. The defendant would then have to specifically request a copy of the Complaint to learn the identity of the whistleblower.
While the False Claims Act does provide conditional anonymity as a whistleblower protection, becoming a whistleblower is a public service that is both courageous and patriotic.
To learn more about becoming a whistleblower and whistleblower protections under the False Claims Act, please contact the qui tam attorneys of Chaikin, Sherman, Cammarata & Siegel, P.C. today. If you have sensitive information to discuss, we will ensure that all communications with us are protected by attorney-client privilege.
