Protection Against Retaliation in a Qui Tam Lawsuit
While virtually anyone can be a relator, the majority of those who bring “qui tam” actions are current or former employees, who have an insider’s perspective on the wrongdoing.
In order to protect vulnerable relators or employees, the FCA specifically forbids retaliation against those who initiate or assist in furthering a “qui tam” action.
To aid in enforcing this prohibition, the statute confers a cause of action on the relator or employee in United States District Court.
In order to recover under the retaliatory provisions of the FCA, a relator or employee must prove that:
If the relator or employee is successful, extensive relief may be granted, to include reinstatement with the same seniority status, two times the amount of back pay, interest on the back pay, etc..
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