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Protection Against Retaliation

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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:

(1) his or her actions were taken in furtherance of the “qui tam” action;
(2) the employer knew of the actions of the relator or employee; and
(3) the relator or employee was retaliated against because of his or her actions in furtherance of the “qui tam” action.

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..

source: Federal Law Enforcement Training Center

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see also:

Whistleblower Law Learn about Whistleblower Law
Learn how to protect your rights under the Whistleblower law

Qui Tam Qui Tam Attorney: Learn More about Qui Tam Action Lawsuits
An Overview Of Qui Tam Actions and Procedures

Learn More Whistleblower Attorney - Learn about filing a lawsuit and your rights
Learn about legal protections afforded whistleblowers from an attorney


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