The whistleblower protection provision of the False Claims Act encourages private citizens to act as whistleblowers when they suspect fraud on the government. As Congress recognized when it enacted the qui tam provisions of the False Claims Act, “few individuals will expose fraud if they fear their disclosures will lead to harassment, demotion, loss of employment, or any other form of retaliation” and therefore the FCA “seeks to halt companies and individuals from using the threat of economic retaliation to silence whistleblowers, as well as assure those who may be considering exposing fraud that they are legally protected from retaliatory acts.” S. Rep. No. 99-345, at 34 (1986).
The False Claims Act anti-retaliation provision protects both whistleblowing to the government and internal whistleblowing. A seminal DC Circuit decision explains the policy rationale for protecting internal whistleblowing: “[It] would [not] . . . be in the interest of law-abiding employers for the [False Claims Act] to force employees to report their concerns outside the corporation in order to gain whistleblower protection. Such a requirement would bypass internal controls and hotlines, damage corporate efforts at self-policing, and make it difficult for corporations and boards of directors to discover and correct on their own false claims made by rogue employees or managers.” U.S. ex rel. Yesudian v. Howard Univ., 153 F.3d 731, 742 (D.C. Cir. 1998)
If you are seeking legal representation in a False Claims Act whistleblower case, call our whistleblower lawyers today at (202) 262-8959.
To learn more about False Claims Act whistleblower protection, see our FCA whistleblower retaliation FAQ, which answers these questions:
- Who is protected under the False Claims Act whistleblower protection law?
- What remedies or damages can a whistleblower recover under the whistleblower protection provision of the False Claims Act?
- What is protected whistleblowing or protected conduct under the False Claims Act Anti-Retaliation Provision?
- Does the False Claims Act anti-retaliation law protect efforts to stop a government contractor from defrauding the government?
- Is False Claims Act Whistleblower Protection Limited to Disclosures About the Whistleblower’s Employer?
- Does the False Claims Act retaliation law protect internal reporting to a government contractor or grantee?
- Does the False Claims Act prohibit retaliation against an employee for the employee’s refusal to participate in a fraudulent scheme?
- What types of disclosures or whistleblowing are protected under the False Claims Act whistleblower protection law?
- What acts of retaliation are prohibited by the False Claims Act anti-retaliation provision?
- Is constructive discharge prohibited by the False Claims Act anti-retaliation law?
- What must a whistleblower prove to prevail in a False Claims Act whistleblower retaliation case?
- How can an FCA retaliation plaintiff prove notice of protected conduct?
- Is there a heightened notice requirement for the whistleblower to prove that she went beyond her job duties when she blew the whistle?
- What is the statute of limitations for a False Claims Act Whistleblower Retaliation Case?
- Does the False Claims Act whistleblower retaliation law authorize individual liability?
- Is a disclosure about fraudulent inducement of a contract protected under the FCA retaliation law?
- Does the False Claims Act Prohibit the Waiver or Release of False Claims Act Retaliation Claims?
- Does the NDAA Whistleblower Protection Law Provide Additional Protection for Whistleblowers at Government Contractors and Grantees?
- Can a Government Contractor Bring a False Claims Act Whistleblower Retaliation Claim?
- Can a Government Contractor Obtain Dismissal of a False Claims Act Claim to Maintain the Confidential Nature of Classified Information?
- Does the Layoff of a Whistleblower Immunize a Company from Liability Under the False Claims Act Retaliation Law?
- Does the False Claims Act Whistleblower Protection Law Preempt Common Law Wrongful Discharge Claims?
False Claims Act Whistleblower Retaliation Remedies and Damages
Experienced False Claims Act and NDAA Whistleblower Protection Attorneys
Our experience includes:
- Representing qui tam relators in False Claims Act actions concerning off-label marketing, false billing, and education loan fraud (inflating entitlement to interest rate subsidies).
- Representing whistleblowers in NDAA retaliation claims before the Department of Defense, and Department of Homeland Security, Department of Justice Offices of Inspectors General.
- Litigating False Claims Act retaliation cases.
- Representing whistleblowers disclosing fraud on the government in Congressional investigations.
- Training judges, senior Office of Inspector General officials, and federal law enforcement about whistleblower protections.
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. Two of the attorneys on our team served in senior positions at the U.S. Office of Special Counsel overseeing investigations of whistleblower retaliation claims and whistleblower disclosures.
Before hiring a lawyer for a high-stakes whistleblower case, assess the lawyer’s reputation, prior experience representing whistleblowers, knowledge of whistleblower laws and prior results. And consider the experience of other whistleblowers working with that attorney. See our client testimonials by clicking here.
- U.S. News and Best Lawyers® have named Zuckerman Law a Tier 1 firm in Litigation – Labor and Employment in the Washington DC metropolitan area.
- Both Eric Bachman and Jason Zuckerman served on the Department of Labor’s Whistleblower Protection Advisory Committee, which makes recommendations to the Secretary of Labor to improve OSHA’s administration of federal whistleblower protections.
- Eric Bachman served as Deputy Special Counsel, Litigation and Legal Affairs, OSC, where he spearheaded an initiative to combat whistleblower retaliation at the Department of Veterans Affairs. During Bachman’s tenure at OSC, the number of favorable actions for whistleblowers increased by over 50% agency-wide.
- Jason Zuckerman served as Senior Legal Advisor to the Special Counsel at OSC, where he worked on the implementation of the Whistleblower Protection Enhancement Act and several high-profile investigations, including a matter resulting in the removal of an Inspector General. Zuckerman was recognized by Washingtonian magazine as a “Top Whistleblower Lawyer” in 2018, 2015, 2009, and 2007 selected by his peers to be included in The Best Lawyers in America® in the category of employment law (2011-2020), and selected by his peers to be listed in SuperLawyers (2012 and 2015-2020) in the category of labor and employment law. is rated 10 out of 10 by Avvo, based largely on client reviews, and rated AV Preeminent® by Martindale-Hubbell based on peer reviews.
- The firm has published extensively on whistleblower rights and protections, and speaks nationwide at seminars and continuing legal education conferences. We blog about new developments under whistleblower retaliation and rewards laws at the Whistleblower Protection Blog.
- The firm is routinely quoted in the media about whistleblower rights and protections.
Zuckerman Law has written extensively about whistleblower protections for employees of government contractors and grantees, including the following articles and blog posts:
- Boosting Contractor Employee Whistleblower Protections, Law 360 (December 2016)
- Ninth Circuit Rejects “Honest Belief” Defense in Whistleblower Retaliation Case
- Can a Government Contractor Bring a False Claims Act Whistleblower Retaliation Claim?
- False Claims Act Whistleblower Prevails in First Circuit Appeal
- Is Whistleblowing About Upcoding Protected Under the False Claims Act’s Anti-Retaliation Provision
- Boosting Contractor Employee Whistleblower Protections, Law 360 (December 2016)
- Fourth Circuit Clarifies Broad Scope of False Claims Act Protected Whistleblowing
- New Tools to Combat Whistleblower Retaliation, Taxpayers Against Fraud Education Fund Quarterly Review, Vol. 57 (October 2010)
- GAO Report Calls for Improvements in Government Contractor Whistleblower Protections
- False Claims Act Retaliation Decision Underscores Broad Scope of FCA Whistleblower Protection
- NDAA Provides Robust Whistleblower Protection
- FAR Amendment Bars Agencies from Subsidizing Whistleblower Retaliation
- NDAA Contractor Whistleblower Protection Law Highly Effective in Rooting Out Fraud
- Congress Enacts Anti-Gag Provision in Cromnibus Spending Bill
- Whistleblower Lawyer Jason Zuckerman Will Speak About False Claims Act Litigation at Taxpayers Against Fraud Conference
- Whistleblower Protections Under the Whistleblower Protection Act, Practical Law (October 2016)
- Whistleblower Lawyer Jason Zuckerman Quoted in National Law Journal
- Whistleblower Lawyer Jason Zuckerman Quoted About Federal Employee Whistleblower Rights
- Washington Post Quotes Whistleblower Attorney Jason Zuckerman About Chilling Effect of Insider Threat Program
- How to foster a more ethical culture
- Whistleblower Lawyer Jason Zuckerman Quoted About MacLean Whistleblower Protection Act Case
- Trump Questionnaire Raises Concerns About Retaliation Against Energy Department Staff
- CFPB official wants to silence a whistleblower before he can talk to Congress
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