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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Government Involvement in a Qui Tam Action
Although qui tam actions are usually initiated by private citizens, the federal government has an important role to play. The extent of government involvement varies from case to case. The government may decide to participate in the lawsuit, but it may decide to let it proceed without becoming involved. If you have questions about the likelihood and potential impact of government involvement in your qui tam action, contact an attorney from Bononi Law Group, LLP in Los Angeles, California, to discuss the case.
The Initial Investigation
The person who initiates the qui tam action (the "relator") must file a copy of the complaint (a document that details the alleged wrongdoing or fraud that forms the basis of the action) with the federal district court. The complaint is filed under seal, which gives the government time to investigate the allegations before the complaint is available to the public.
A copy of the complaint must be served on the government. The relator also must disclose the relevant evidence to the government. The complaint is not served on the defendant, however, until the court orders it to be served.
After the government receives the complaint and the evidence, initially it has 60 days to decide how to proceed. It is not unusual for the government to request and receive an extension of the 60-day period so that it may continue its investigation. The Department of Justice, along with other law enforcement agencies, typically performs the fact gathering and analysis.
Government Intervention
During the time that the complaint is sealed, the government will decide whether to participate in the lawsuit. The individual who originally filed the complaint cannot direct the government to take one action or another. The government has several options:
- Join the lawsuit: If the government has a high level of confidence in the lawsuit, it may "intervene." By intervening in the action, the government essentially takes over the plaintiff's role; the relator may still participate, but possibly in a limited capacity. The government has intervened in many, but not all, successful qui tam lawsuits.
- Decline to join the lawsuit: The government may decide not to intervene in the action. The relator may then proceed without the help of the government. If the relator wins the lawsuit, he or she is entitled to a higher percentage of the award than if the government had intervened.
- Pursue an alternate remedy: Instead of going forward with a traditional lawsuit, the government may elect to seek an alternate remedy, such as an administrative action. If the government prevails, the relator is still entitled to a percentage of the monetary award.
- Attempt to settle the case: The government has the option of settling the case with the defendant. The court must approve the settlement.
- Dismiss the complaint: If the government does not intervene in the qui tam action, it may move to dismiss the complaint. The relator will have the opportunity to tell the court why the complaint should not be dismissed. If the government succeeds, then the relator cannot proceed with the lawsuit.
Consult with an Attorney
It is up to the government to decide whether it will join a qui tam action brought by a private party and, if it does, how much involvement it will allow the private party to have. A qui tam litigation attorney at Bononi Law Group, LLP in Los Angeles, California, can provide valuable assistance, whatever the government's involvement.
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