If you filed a qui tam action against your employer and your employer retaliated against you, the employer may have violated the federal False Claims Act. Qui tam employment retaliation deserves intervention from a lawyer who knows how to protect your rights. Contact our firm today to schedule a consultation with an experienced attorney.
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The term "qui tam" is a Latin term with an easy-to-understand meaning. In qui tam actions employees inform government officials of wrong doing on the part of their employers. If the subsequent suit is successful and the employer ends up paying a penalty the employee, not the government receives the payment or a portion of it. Though technically different, qui tam actions are similar to whistleblowing claims.
Below we have provided some general information to educate you about how the law applies in qui tam cases. To get answers about your specific case, contact us to arrange a no-charge consultation with one of our experienced lawyers.
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Frequently Asked Questions about Qui Tam
Q: What is a "Qui Tam" action?
A: Qui tam (from the Latin qui tam pro domino rege quam pro se ipso in hac parte sequitur, meaning "who as well for the king as for himself sues in this matter") is the traditional name for a civil lawsuit brought by a private party, arguing that the government (rather than the private party) has been harmed by the defendant's actions. If the private party wins, the monetary award is divided between the private party and the government. Under the federal False Claims Act, which prohibits fraud against the government, the private party may receive up to 30 percent of the amount recovered.
Q: Why doesn't the government bring qui tam actions?
A: Laws that allow qui tam actions are designed to encourage private parties with unique information to come forward, thereby recovering funds that the government otherwise might have lost. The government is notified of qui tam actions and has the opportunity to participate in them.
Q: Who pays the expenses of a qui tam suit?
A: In a successful qui tam lawsuit, the defendant may be ordered to pay the private party's reasonable expenses and attorney's fees. If the government intervenes in the action, it will take over the lawsuit.
Q: How effective are qui tam lawsuits?
A: According to the US Department of Justice, billions of dollars have been recovered in qui tam lawsuits. A large portion of this recovery has come from cases dealing with health care and defense contract fraud.
Q: Why do qui tam actions happen in civil court? Isn't defrauding the government a crime?
A: In some cases, the defendant's actions leading to the qui tam action violate both criminal law and the federal False Claims Act. The government initiates criminal cases while private parties initiate civil qui tam actions. Private parties' initiation of qui tam actions can uncover fraud that the government might never have discovered. In addition, the burden of proof is lower in civil cases than in criminal cases.
Q: Who are potential defendants in qui tam actions?
A: A person or entity violates the False Claims Act if it takes actions including fraudulently billing the government; knowingly delivering less than the agreed-upon goods to the government; and using a false record to persuade the government to make a payment.
Q: If I see wrongdoing that is going unaddressed at my place of employment — even if I have reported it internally — why should I file a qui tam action against my employer?
A: The government and the business world benefit from the vigilance of people who file qui tam actions ("relators"). In addition, relators may be entitled to a significant portion of the award if the defendant is found liable. Finally, the False Claims Act provides protection for whistleblowers who file qui tam actions against their employers. Employers are forbidden from demoting, firing, suspending, harassing or threatening employees who file qui tam actions.
Q: If my employer retaliates against me for filing a qui tam action, am I protected?
A: The False Claims Act says that an employee who investigates or files a qui tam action (or assists or testifies for another person who files the action) may receive reinstatement to the position the employee would have been in if the retaliation had not occurred; two times the back pay plus interest; and compensation for special damages such as attorney's fees and litigation costs.
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