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Protection from Job Retaliation After Filing a Whistleblower Lawsuit

South Carolina Qui Tam Attorneys – Job Retaliation

If you are still employed by the company you file a qui tam case against, your identity will remain secret and free from retaliation so long as your case is under seal with the U.S. Justice Department.

Even though your case is filed under seal, your employer may guess who blew the whistle based on the past actions of the relator and/or the types of questions being asked by the government.

Being ostracized or harassed by management and fellow employees is common in such situations, and the whistleblower may even be fired, demoted, or suspended.

The False Claims Act provides a remedy for a whistleblower who is discharged, demoted, suspended, “or in any other manner discriminated against in the terms and conditions of employment by his or her employer” in retaliation for filing a False Claims Act case.

To qualify for the employment protections of the False Claims Act, courts generally require:

  1. that the employee was engaged in an activity protected by the statute in furtherance of a qui tam suit;
  2. that the employer knew of the employee’s qui tam actions, and
  3. that the employer retaliated against the employee because of those actions.

If the court finds a whistleblower was terminated or otherwise mistreated for filing a qui tam lawsuit, the employee is entitled to reinstatement at the same seniority level as he or she was at prior to the retaliation, two times the amount of back pay owed plus interest, and compensation for any “special damages” sustained as a result of the discrimination, such as attorneys’ fees.

If you have direct knowledge of fraud against the government and believe you have a qui tam case, contact The Strom Law Firm, LLC today for a free consultation with one of our whistleblower attorneys to discuss the facts of your case.

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