The False Claim Act protects and awards whistleblowers who report fraud against government programs.  The most common types of cases under the False Claims Act are cases involving Healthcare fraud, Medicare & Medicaid fraud, Government Contract fraud, and Federal Grant fraud.

Whistleblowers who file claims under the FCA are entitled to receive a percentage of any recovery, while also enjoy protection from workplace retaliation.

Section 3730(h) of the False Claims Act protects whistleblowers from discharge, demotion, harassment, and other acts of discrimination for reporting violations of the FCA.  A whistleblower that has suffered workplace retaliation is entitled to all relief necessary to make the whistleblower whole.  Relief or remedies available to aggrieved whistleblowers include:

  • Reinstatement of employment
  • Two time back pay
  • Special damages and attorneys’ fees

In a recent 4th Circuit case, the Court applied the “objective reasonableness” standard when analyzing False Claims Act retaliation claims under 3730(h).  The Court held, “an act constitutes protected activity where it is motivated by an objectively reasonable belief that the employer is violating, or soon will violate, the FCA.” United States ex rel. Grant v. United Airlines Inc., 912 F.3d 190 (4th Cir. 2018).

If you are considering becoming a whistleblower, contact Miller Law Group for a free consultation, or call 919-348-4361.

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