At Matern Law Group, we are committed to protecting the rights of employees in the workplace, including the right to report illegal or unethical activity without fear of retaliation.
If you have knowledge of illegal or unethical activity in the workplace, you may have the right to file a whistleblower lawsuit under California law. These lawsuits allow employees to hold their employers accountable for wrongdoing and seek compensation for any damages they may have individually suffered as a result of the illegal activity.
Our team of experienced employment law attorneys has a track record of success in handling whistleblower lawsuits. We understand the complex legal issues involved in these cases and will work tirelessly to protect your rights and help you seek the justice you deserve.
Additionally, if you have knowledge that a company has defrauded the government or if you have been retaliated against for reporting suspected fraud, you may also file a “qui tam” (pronounced kee-tam or kwee-tam) lawsuit on behalf of the state and federal government under the False Claims Act (“FCA”). Qui tam actions differ significantly from individual whistleblower lawsuits and require strict compliance with established procedures.
Sometimes called the “Lincoln Law,” the FCA originated during the Civil War as the government sought to crack down on those profiting from supplying faulty weapons and spoiled provisions. Since then, Congress has strengthened and modernized the FCA to protect and incentivize whistleblowers.
The vast majority of qui tam actions are initiated by whistleblowers who, depending on whether the government intervenes in the case, can receive between 15-30% of the total recovery as a reward for blowing the whistle. Between 1987 and 2019, the government recovered $62 billion under the FCA.
Qui tam law can be used to remedy a wide range of fraudulent activity, including overbilling, paying unlawful kickbacks or bribes, failing to perform contracts and leases, and providing defective products to the government. Qui tam actions are particularly useful in the healthcare industry, where medical providers seek reimbursement from Medicare for unnecessary services, inappropriately admitted patients, or other fraudulent practices.
The FCA also aims to eliminate fraud in defense contracts, mortgage and lending, for-profit education and financial aid, and marketing of drugs by pharmaceutical companies.
To file a qui tam lawsuit, a relator must be an “original source” (i.e. the knowledge of fraud cannot be publicly available or obtained second-hand) and disclose information to the government before filing the lawsuit under seal to give the government time to investigate the allegations. Once the government decides whether to intervene, the case is unsealed and proceeds—either with the government intervening and the relator continuing as a party, or with the relator’s attorneys leading the way if the government declines to intervene.
Because the FCA is such a powerful tool, whistleblowers need experienced attorneys to ensure they comply with the strict procedures and to help them understand and anticipate the risks, which can include retaliation, counter-suits, and reputational harm.
While the FCA generally applies a six-year statute of limitations from the date a fraud was committed or the government should have known about the fraud, there is significantly less time to file a lawsuit for other employment-related claims, such as harassment or wrongful termination. This is why it is important for whistleblowers to promptly seek legal representation and protect their rights.
If you have information that a company is defrauding the government, we encourage you to contact us for a free consultation with an experienced whistleblower attorney who can help you understand your options and guide you through the process.
Our Practices are Guided by Integrity. We’ll protect what you deserve.
We work tirelessly and fight tenaciously to hold rights abusers accountable.
If you’ve experienced a distressing incident related to an issue like this, call us for a free case evaluation.
Legal cases can be lengthy, complicated, and confusing, but you don’t have to take on the system all by yourself. If you believe someone has violated your individual rights, or the rights of a large group of people in your community, we can help you find the right course of action.
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