U.S. residents who witness their employer engaging in fraudulent actions against the federal government can file a qui tam lawsuit under the False Claims Act.

Whistleblowers must have evidence that their employer either used false records in order to get a claim paid by the government or conspired with others to get a fraudulent government claim paid.

Those found liable of violating the False Claims Act will be required to pay between $5,000 to $10,000 for each fraudulent claim and whistleblowers may receive up to 30 percent of the total recovery.

However, individuals must file a whistleblower lawsuit in order to receive compensation. It is not enough to simply to inform the government of fraudulent behaviors.

Although there are numerous protections set in place to protect whistleblowers, those who want to hold their employer responsible for illegal actions may consider consulting a whistleblower attorney to find out the best legal options.

Whistleblower Protection

In order to file a whistleblower lawsuit, individuals must provide his or her personal information and information about their employer. No whistleblower lawsuit can be filed anonymously.

While it may seem risky to file a qui tam lawsuit, there are multiple laws set in place to take care of potential whistleblowers. According to the Occupational Safety & Health Administration (OSHA), individuals who file a whistleblower complaint are protected from the following behavior of their employer including:

• Benefits denial
• Making threats
• Firing
• Laying off
• Demotion
• Discipline
• Refusing promotions
• Denying overtime
• Harassment
• Reducing pay or hours

Under the False Claims Act, whistleblowers must file a qui tam lawsuit within six years of when the alleged violation occurred. If for some reason a whistleblower is demoted, harassed or fired because of filing a whistleblower lawsuit, that individual will be entitled to double back pay, reinstatement of position, and compensation for reasonable legal fees.

Filing a Whistleblower Lawsuit

A whistleblower lawyer can help review your qui tam lawsuit before it is sent to the Justice Department for review. In general, the government has 60 days to determine if the allegations are worth pursuing and if they want to join the whistleblower lawsuit.

Whistleblowers have the option of continuing legal action without the federal government, although qui tam lawsuits are typically more successful if the government joins the lawsuit.

The identity of a whistleblower is kept confidential during the investigation process. However, if for some reason the whistleblower is fired, demoted or harassed because of filing a qui tam lawsuit, they will be reinstated and protected under federal law.

Types of Government Fraud

There are many different types of government fraud that whistleblowers may have witnessed, however, the most common include issues such as Medicare or Medicaid fraud and government contractor fraud.

Medicare fraud occurs when physicians, nursing homes and hospitals bill the government for services and supplies that were never given to the Medicare patient. Government contractor fraud occurs when the government is overcharged for services that were never performed or when the government is given false information about the fulfillment of a project.

Whistleblower attorneys can help individuals pursue legal action against their employers. Contact a lawyer to find out your legal options.