Government Contractor Fraud Whistleblower Archives

Is Whistleblowing About Upcoding Protected Under the False Claims Act’s Anti-Retaliation Provision?

Yes. For example, in January 2019, Tennessee District Judge Pamela Reeves held that Thomas Forsythe, aformer physical therapist at a National Health skilled nursing facility,sufficiently … Continued

What is the purpose of the False Claims Act whistleblower protection provision?

The whistleblower protection provision of the False Claims Act encourages private citizens to act as whistleblowers when they suspect fraud on the government. As … Continued

What types of false claims are prohibited by the False Claims Act?

False Claims Prohibited by the False Claims Act The False Claims Act permits whistleblowers, also known as qui tam relators to recover damages on behalf of the … Continued

Must a NDAA Whistleblower Retaliation Plaintiff Prove a Subjective Belief of a Violation?

Protected Whistleblowing Under NDAA Whistleblower Law The whistleblower protection provisions of the NDAA protect the disclosure of information that the employee reasonably believes is evidence … Continued

Does subjecting an employee to heightened scrutiny evidence retaliation?

Jumping on the first instance of poor performance or misconduct indicates pretext, especially where the employee has a record of strong performance prior to engaging in protected activity.

Is an employer’s attempt to stop a corporate whistleblower from blowing the whistle to the government actionable retaliation?

Yes, an employer’s effort to force a corporate whistleblower to waive the non-waivable right to report unlawful conduct to the government is actionable retaliation. In … Continued

Is a lawsuit against a whistleblower actionable retaliation?

Suing a Whistleblower Can Give Rise to a Retaliation Claim Filing a lawsuit without a sufficient factual basis to dissuade a whistleblower or discrimination plaintiff … Continued

Does the False Claims Act protect whistleblowing in the course of the whistleblower’s job duties?

False Claims Act Retaliation Provision Protects “Duty Speech” Disclosures Traditionally, employees whose job duties involve investigating or reporting fraud were held to a heightened pleading … Continued

What is a false claim under the False Claims Act?

The False Claims Act imposes civil liability on “any person who . . . knowingly presents, or causes to be presented, a false or … Continued

What whistleblowing is protected conduct under the False Claims Act?

The False Claims Act protects: “lawful acts . . . in furtherance of an action under [the FCA]”; and “other efforts to stop 1 or … Continued

Does the False Claims Act protect whistleblowers against retaliation?

False Claims Act Whistleblower Retaliation Yes: the False Claims Act (“FCA”) protects employees, contractors, and agents who engage in protected activity from retaliation in the … Continued