Congress Strengthens Whistleblower Protections for Employees of Government Contractors and Grantees

False Claims Act whistleblower protection lawyer

Enhanced Whistleblower Protections for Employees of Federal Contractors and Grantees

On December 5, 2016, Congress enacted S. 795, which permanently extends legal protections to employees of federal contractors, subcontractors, grantees, and others employed by entities that receive federal funds who report waste, fraud, or abuse involving federal funds. It would also extend these protections to personal services contractors working on both defense and civilian grant programs.

If you have suffered retaliation for whistleblowing, click here or call our leading whistleblower lawyers at 202-262-8959 to schedule a free confidential consultation.

To learn more about the NDAA whistleblower protection law, see our Practical Law Practice Note: Whistleblower Protections Under the National Defense Authorization Act.

For more information about False Claims Act whistleblower protection, click here

Defense Contractor Whistleblower Protection Act

The National Defense Authorization Act for Fiscal Year 2013 (NDAA) that prohibits employees of a “contractor, subcontractor, or grantee” from being retaliated against for blowing the whistle on:

gross mismanagement of a Federal contract or grant;
a gross waste of Federal funds;
an abuse of authority relating to a Federal contract or grant; or
a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract.

To be protected, the disclosure must be made to a Member of Congress or Congressional committee, an Inspector General, the GAO, a federal employee responsible for contract or grant oversight or management at the relevant agency, an authorized official of DOJ or other law enforcement agency, a court or grand jury or a management official or other employee of the contractor or subcontractor who has the responsibility to investigate, discover, or address misconduct.

The burden of proof and causation standard in NDAA whistleblower cases are very favorable to whistleblowers. The complainant prevails merely by demonstrating that the protected disclosure was a contributing factor in the personnel action, which can be met by showing knowledge and temporal proximity. Remedies include reinstatement, back pay, uncapped compensatory damages (emotional distress damages) and attorney fees and costs.

Remedies and Damages in False Claims Act and NDAA Whistleblower Retaliation Cases

Experienced False Claims Act and NDAA Whistleblower Retaliation Attorneys

The experienced whistleblower attorneys at Zuckerman Law have substantial experience representing whistleblowers disclosing fraud and other wrongdoing at government contractors and grantees. To schedule a free preliminary consultation, click here or call us at 202-262-8959.

Click here to read reviews and testimonials from former clients.

Our experience includes:

Representing whistleblowers in NDAA retaliation claims before the Department of Defense, and Department of Homeland Security, Department of Justice Offices of Inspectors General.
Representing whistleblowers disclosing fraud on the government in Congressional investigations.

In addition, we have substantial experience representing whistleblowers under the Whistleblower Protection Act (WPA) and enforcing the WPA, the law that the NDAA whistleblower provisions are based upon. Jason Zuckerman served as Senior Legal Advisor to the Special Counsel at OSC, where he oversaw investigations of whistleblower retaliation claims and whistleblower disclosures.

We have also written extensively about whistleblower protections for employees of government contractors and grantees, including the following articles and blog posts: