The False Claims Act provides a remedy to people who are retaliated against because their employer suspects (or knows) that they are blowing the whistle on fraud or false claims against the United States. This law, 31 U.S.C. 3730(h), also helps those who are working to help the government or a qui tam relator with a case, even if they are not bringing the case themselves. The laws of many states include similar remedies. These claims most often are brought in conjunction with a qui tam case, but also can be brought without such allegations.
The anti-retaliation provision does not stop a company from retaliating, but its remedies, which include double damages and attorney fees, do sometimes discourage employers from bad behavior toward someone suspected of trying to remedy violations of the False Claims Act. Similar provisions exist for SEC whistleblowers under the Dodd-Frank Act but, unfortunately, not for IRS whistleblowers under the Tax Relief and Health Act. Nevertheless, there are other ways to ensure that you will not be unfairly harmed for revealing fraud against the Government.
We have settled retaliation claims for many of our qui tam clients.