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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The attorneys of the Bononi Law Group, LLP, handle qui tam and other employment-related cases and disputes across southern California and are experienced litigators and counselors. When you retain our services you can rely on casework experience and our reputation for providing effective dispute resolution services. For a no-charge consultation, call 1-800-641-5548.
Do you suspect your employer has committed financial fraud or broken laws regarding health or environmental regulations, or other laws? Contact the experienced qui tam attorneys of the Bononi Law Group, LLP, for a free consultation.
Protection for the Whistleblower
Most qui tam actions are brought by employees of companies that have defrauded the government. Employees are in a special position to witness and report fraud. Many employees who know of fraud, however, are reluctant to come forward for fear of retaliation. Federal law protects employees who file qui tam actions. An attorney from Bononi Law Group, LLP in Los Angeles, California, can advise you regarding your rights as an employee filing a qui tam action.
The Law against Retaliation
The False Claims Act has several provisions in place to protect employees who file qui tam actions. The initial complaint remains under seal for at least 60 days; often the government requests that it remain under seal for a longer period of time while the investigation continues. While the complaint is under seal, the identity of the filing party is not available to the public.
The whistleblower's identity is unlikely to remain secret indefinitely, however. Aside from the fact that the complaint will be unsealed if and when the lawsuit goes forward, the employer may be able to deduce the identity of the whistleblower by the nature of the investigation. Certain matters will be a focus of the government's inquiry, and the employee's proximity to these matters may clue the employer in. Often, employees first attempt to rectify wrongdoing through internal measures; the employee's previous actions may indicate a willingness to pursue legal avenues.
Upon discovering the identity of the whistleblower, it is not unusual for management and fellow employees to harass or ostracize the whistleblower. Some whistleblowers may find themselves demoted, denied promotions or pay raises, suspended or even fired. This is a difficult situation for anyone to endure, but the law provides remedies in such cases.
Federal law prohibits employers from taking retaliatory action against both employees who file qui tam actions and those who assist them. Courts typically interpret the law to provide broad protection. State law may also offer protection.
Proof of Retaliation
To make a case that an employer retaliated against an employee in violation of the False Claims Act, the employee must show that:
- The employee took action that is protected under the False Claims Act
- The employer is covered under the False Claims Act
- The employee suffered retaliation such as suspension, firing, demotion, harassment or threats
- The employer took the prohibited action because of the employee's protected actions (for example, filing a qui tam action)
Remedies for Retaliation
If the court or a jury finds that the employer retaliated against the employee in violation of the False Claims Act, the employee is entitled to:
- Reinstatement, with the same seniority the employee would have had if the retaliation had not happened
- Twice the amount of back pay, plus interest
- Special damages, such as attorney's fees and court costs
Speak with an Attorney
The law protects and encourages employees who expose the fraudulent activity of their employers. If you are an employee who is considering filing — or already has filed — a qui tam action, seek the counsel of an experienced attorney. Contact a lawyer at Bononi Law Group, LLP in Los Angeles, California, to learn about your rights and how to protect them.
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