Image of FCA and NDAA Whistleblower Protection FAQs

FCA and NDAA Whistleblower Protection 

The False Claims Act (“FCA”) protects employees, contractors, and agents who engage in protected activity from retaliation in the form of their being “discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment.” 31 U.S.C. § 3730(h)(1).

Two provisions of the National Defense Authorization Act (“NDAA”) protect whistleblowers who report waste, fraud or abuse.

  • Section 827, codified at 10 U.S.C. § 2409, covers individuals working on contracts with the U.S. Department of Defense or NASA; and
  • Section 828, codified at 41 U.S.C. § 4712, covers individuals working on contracts or grants funded by other federal agencies. Section 827 amended an existing law that protects employees of DOD contractors, but Section 828 was enacted as a new pilot program and would have expired in 2017 absent the enactment of S. 795.

Protection Under the FCA and NDAA

Proving a Violation of the FCA or NDAA 

False Claims Act Qui Tam Actions

Experienced Government Contractor Whistleblower Retaliation and Whistleblower Protection Lawyers

best sexual harassment attorneys Washington DC Maryland VirginiaThe 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.

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.
  • Training attorneys nationwide at legal seminars and webinars about the NDAA whistleblower protection provisions and the False Claims Act whistleblower provisions.
  • 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.

  • 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 implementation of the Whistleblower Protection Enhancement Act and several high-profile investigations.

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