Another important aspect of the False Claims Act is the protection it provides for whistleblowers against retaliation by employers. You should seek an experienced Evansville False Claims Act attorney to give you advice related to your specific employment situation. In general, your identity remains secret while your case is under seal with the U.S. Justice Department. However, an employer can often figure out who made the claims and engage in retaliatory actions against the whistleblowing employee.
Protections are provided if you can prove that your employer demoted, fired, suspended, or in any other way discriminated against you in retaliation for your whistleblowing (or qui tam) activities. Discriminatory acts may include harassment or ostracism by management, too. If any of these things occurred, you may be reinstated back into your position at the equivalent seniority as when you left. You may receive up to two times your back pay, plus interest. You may be entitled to other “special damages” that you incurred, such as attorney’s fees.
In order to receive these protections, you must be able to show the following: 1) That you engaged in activities protected under the False Claims Act; 2) That your employer knew that you engaged in those activities; and 3) That your employer retaliated against you for those activities. You should discuss with an Evansville False Claims Act attorney whether you are likely to meet the legal criteria to avail yourself of the retaliatory protections.