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Whistleblower & Qui Tam

Whistleblowers who file a qui tam lawsuit are protected from employer retaliation, including being discharged, demoted, suspended, threatened, harassed and discriminated against in the terms and conditions of employment.

Qui Tam and Whistleblower Attorneys

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.

The California False Claims Act lets people report and sue on behalf of California if someone cheats the state or local governments out of taxpayer money, covering a wide range of frauds, including health care and government contracts.

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Under California law, fraud encompasses a wide range of deceptive practices and intentional misrepresentations that cause harm or loss to another person or entity. Fraud can occur in various contexts, including but not limited to financial transactions, contracts, real estate, and insurance.

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California’s take on the “Lincoln Law” is designed to encourage and protect individuals who report fraudulent activities against the state or local governments, ensuring public funds are safeguarded and used correctly. It’s about empowering ordinary citizens to help keep the government honest and efficient.

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Physician self-referral happens when a doctor refers patients to medical services or facilities where the doctor or their family members have a financial stake, which could lead to conflicts of interest and not necessarily serve the best interest of the patient. This practice can raise healthcare costs and compromise the quality of care.

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Qui tam is a provision in the False Claims Act that allows private individuals, often called “whistleblowers,” to sue on behalf of the government if they have evidence that someone or a company is defrauding the government. The whistleblower can potentially receive a portion of any money recovered through the lawsuit as a reward for their role in uncovering the fraud.

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A whistleblower is someone who notices and speaks out about illegal or unethical actions happening within their company or organization. In California, laws are in place to protect these individuals from being punished for reporting these wrongdoings.

California law offers several protections for whistleblowers, ensuring that employees and consumers who report wrongdoing are shielded from retaliation and have avenues to seek justice.

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What is Qui Tam?

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.

Filing Qui Tam Lawsuits

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 Approach

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.

Did You Know?

Qui Tam
A "qui tam" lawsuit is a suit filed by a private citizen on behalf of a government entity, against someone who sought to obtain government money by fraud.
Whistleblowing
California whistleblower protection laws prohibit employers from retaliating against workers who come forward to report suspected violations of laws, regulations, and public policy.
The FCA
Those who investigate and provide testimony and assistance in a False Claims Act case also are protected.

Is It Illegal, or Just Unfair?

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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