Protections from Harassment, Demotion, and Termination for Whistleblowers

The Federal False Claims Act (“FCA”) contains a provision which protects whistleblowers from retaliation. Under the Anti-Retaliation provision, an employer may not retaliate against an employee, contractor, or agent “because of lawful acts done… in furtherance of [a false claims act] action or other efforts to stop [false claims act] violations…” 31 U.S.C. § 3730(h).

Retaliation includes any discrimination in the terms and conditions of employment, including threats, harassment, demotion, suspension, and termination.

Under the FCA, a whistleblower who has been retaliated against is entitled to reinstatement with the same seniority status the whistleblower would have had but for the retaliation, two times back pay plus interest, and compensation for any special damages sustained as a result of the retaliation including litigation costs and attorneys’ fees.

If you have been discriminated against by your employer due to your efforts to prevent fraud against the government, call a lawyer at Eisenberg, Gilchrist & Cutt to discuss your options at (801) 901-3470.


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