31 USC 3730 (h) Whistleblow False Claims Act Retaliation Defense Lawyers
Are you a federal government contractor or facing contractor fraud cases resulting from Whistleblower and Qui Tam cases?
Our team of Qui Tam False Claims Act whistleblower retaliation defense lawyers and federal procurement attorneys can help you defend against Whistleblower retaliation cases. We understand the complexities of government contracts and the importance of protecting your reputation and business.
With our expertise in this area, we can help you navigate the legal process and develop a strong defense strategy. You can trust us to fight for your rights and ensure that your business is protected.
Contact us today to schedule a consultation and let us help you defend against Whistleblower retaliation cases. Your business and reputation are too important to leave to chance.
Watson’s Whistleblower False Claims Act retaliation defense law firm is highly skilled in helping government contractors defend against FCA retaliation. We are government contractor lawyers who provide aggressive legal defense counsel to small businesses and medium-sized defense contractors.
- We have extensive experience developing legal strategies to mitigate the chances of an adverse result. We focus on facts and details to then build on for a more favorable outcome.
- When an alleged FCA retaliation violation is alleged, our False Claims Act whistleblower retaliation defense lawyers provide reliable advice during every stage of the False Claims investigations and defense.
The whistleblower provision of the federal False Claims Act prohibits employers from retaliating against employees who engage in protected activity, such as reporting fraud against the government. The FCA protects whistleblowers who report fraud, waste, or abuse of government funds from retaliation by their employers.
The False Claims Act (FCA) prohibits individuals and businesses from fraudulently getting paid grants or contracts or services from the federal government. Under the FCA government contractors cannot submit claims for payment, fraudulent invoices, misrepresent facts in applications for SBA small business programs or in any other way deceive the government to obtain a set goal or result. Whether or not the effect occurs is not a legal defense.
The False Claims Act whistleblower retaliation provisions, 31 USC 3730 (h) allow protection for employees who take advantage of the statute. Government contractors facing civil liability or criminal prosecution simply cannot retaliate against employees for reporting alleged behavior or pursuing a Qui Tam action lawsuit against the company.
In addition, retaliation against the Whistleblower will simply just potentially increase the amount of false claims act retaliation damages that the contractor must pay out. In sum, the false claims retaliation statute makes it illegal for employers to retaliate against employees who have taken action and reported fraudulent activities.
False Claims Act Retaliation Provisions
31 USC 3730 (h) formalizes the protection for whistleblowers from retaliation. Section(h) specifically states:
(h)Relief From Retaliatory Actions.
Any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or agent whole if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, agent or associated others in furtherance of an action under this section or other efforts to stop 1 or more violations of this subchapter.
Relief under paragraph (1) shall include reinstatement with the same seniority status that the employee, contractor, or agent would have had but for the discrimination, 2 times the amount of back pay, interest on the back pay, and compensation for any special false claims act retaliation damages sustained as a result of the discrimination, including litigation costs and reasonable attorneys’ fees. An action under this subsection may be brought in the appropriate district court of the United States for the relief provided in this subsection.
Application of The False Claims Act Whistleblower Retaliation Provision
The anti-retaliation or False Claims Act whistleblower retaliation provision of the False Claims Act, 31 USC 3730 (h), prohibits government contractors and employers’ retaliatory behavior against employees, contractors and other agents of a company from being “discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment by his or her employer” because that person or company investigated, reported or otherwise sought to deter or stop the violating company from defrauding the United States government.
False Claims Act Retaliation Damages & Statute of Limitations
Under the False Claims Act retaliation provisions – Statute of limitations rule, 31 USC 3730 (h) (3), the employee whistleblower/plaintiff can file a civil action within 3 years after the date when the retaliation occurred.
False Claims Act retaliation damages under 31 USC 3730(h) (1) shall include reinstatement with the same seniority status that employee, contractor, or agent would have had but for the discrimination action occurred, 2 times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorneys’ fees. The whistleblower may file a lawsuit in the appropriate district court of the United States for the relief provided in this subsection.
Under 31 USC 3730 What are Common Mistakes that Government Contractors Should be Aware Of?
Government contractors should be aware of the risks associated with False Claims Act (FCA) retaliation cases. These cases often arise when a contractor has allegedly taken action against an employee who reported a fraudulent activity to the government or refused to pursue it. 31 U.S.C. 3730 provides that any person “who retaliates against an individual for initiating proceedings, testifying in proceedings, or assisting in an investigation under this chapter shall be liable to the same extent and in the same manner as a person who violates section 3729” of the FCA.
Government contractors should take steps to avoid potential FCA retaliation claims by providing training to all employees on proper procedures for reporting potential fraud, creating policies that discourage such behavior, and appropriately responding to any allegations of retaliation in the workplace. Additionally, contractors should have clear policies on what forms of behavior are considered retaliatory and how such behavior will be addressed. Contractors should also consult with an experienced False Claims Act defense lawyer if faced with a potential FCA retaliation case. This can help ensure that their rights are protected and that they remain in compliance with applicable laws and regulations. By taking these steps, government contractors can reduce their risk of being accused of improper conduct related to FCA retaliation cases.
What Types of Actions May be Considered Retaliation?
Retaliation can take many forms, including:
– Termination or demotion
– Harassment or bullying
– Reducing work hours or pay
– Exclusion from work activities
– Negative performance evaluations
– Transferring the employee to a less desirable position or location
What are Examples of Retaliation Under the False Claims Act?
Retaliation can take many forms, and it is often difficult to prove. Some examples of retaliation under the FCA include:
– Termination of employment
– Demotion or reassignment to a less desirable position
– Harassment or bullying
– Exclusion from work activities
– Negative performance evaluations
Our Clients are Government Contractors
At Watson & Associates, LLC law firm we offer top False Claims Act whistleblower retaliation defense attorneys. We represent government contractors facing whistleblower retaliation lawsuits. We represent small businesses and large businesses facing allegations of retaliation in HUBZone, SBA 8(a) Program and SDVOSB fraud cases; Buy American Act fraud retaliation, Trade Agreement Act (TAA Compliance) lawsuits, False Claims Act retaliation and more.
Whistleblower Retaliation Defense Lawyers
When you are involved in a dispute where a whistleblower makes a report, litigation can arise on the separate issue of retaliation. At Watson & Associates, our whistleblower retaliation defense lawyers can help.
Call OurFalse Claims Act Retaliation and Federal Contracting Attorneys
The Watson & Associates law firm offers experienced federal white collar and whistleblower False Claims Act retaliation defense attorneys who understand the issues related to the Qui Tam False Claims Act under 31 USC 3730; we represent both employers and plaintiffs when it comes to kickback and FCA retaliation lawsuits. Contact the experienced whistleblower false claims defense lawyers at Watson & Associates, LLC for immediate help. Call Toll-Free 1.866.601.5518.