The Fourth Circuit recently rendered a decision clarify the scope of protections for whistleblowers under the False Claims Act (“FCA”). The whistleblower attorneys at Miller Law Group can help you seek protection if you have uncovered fraud against the government.
Under § 3730(h) of the FCA, whistleblowers are afforded special protections against retaliation in the workplace. The Act states that the whistleblower “shall be entitled to all relief necessary to make [the whistleblower] whole.” § 3730(h)(1). This relief includes reinstatement to employment, two times the amount of back pay, interest on back pay, and attorneys’ fees and court costs. § 3730(h)(2).
In a recent case, the Fourth Circuit Court of Appeals clarified the scope of these whistleblower protections. In O’Hara v. NIKA Technologies, Inc., the lower court found that these protections only applied where the whistleblower filed suit against his own employer. However, the Court of Appeals disagreed, holding that these protections apply to claims against any person or company. This means that a whistleblower who uncovers fraud perpetrated by another company can receive protections against retaliation by their own employer.
If you have discovered fraud against the government, contact Miller Law Group today for a free consultation or call us at (919) 348-4361. Our whistleblower lawyers can help you seek protection from workplace retaliation.
Whistleblowers and The False Claims Act – Frequently Asked Questions
Does the whistleblower need to prove intent to defraud?