Whistleblower Protections

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If you have uncovered fraud against the government, you may be entitled to protection under various state and federal whistleblower laws.  The False Claims Act (FCA) is a federal law that allows individuals who uncover fraud against public funds to bring a lawsuit and help the government recover the assets.  Many states, including North Carolina, have analogous false claims acts that allow whistleblowers to help defend state assets.

These important laws not only entitle whistleblowers to share in any monetary recover, they also afford important protections against workplace retaliation.  As many whistleblowers uncover fraud perpetrated by their employers, these protections are a critical safeguard for those who wish to bring wrongdoing to light.

Under the FCA, the whistleblower is “entitled to all relief necessary to make [the whistleblower] whole.”  31 U.S.C. § 3730(h)(1).  This relief includes reinstatement to employment, two times the amount of back pay, interest on back pay, attorneys’ fees, and court costs.  § 3730(h)(2).  These claims for whistleblower protection are commonly referred to as “(h) claims” and can be brought in addition to a whistleblower’s claim to recover the money lost to fraud.  Many state false claims acts, including the North Carolina False Claims Act, have identical provisions.

In a recent case, the Fourth Circuit Court of Appeals extended these protections to cover those who report fraud by someone other than their employer.  This means that a whistleblower who uncovers fraud perpetrated by another company can still receive protections if their own employer retaliates against them.   

If you have uncovered fraud against the government contact the whistleblower protection attorneys at Miller Law Group today for a free and confidential consultation.  You can also set up your consultation by calling us at (919) 348-4361.  To learn more about whistleblower law, click here.

Additional Resources:

Medicare and Medicaid Fraud – Kickbacks and Self-Referrals

Telemedicine Fraud: Safely Distanced or a Smoke Screen?

What is medical bill upcoding and why should I worry about it?