False Claims Act and Whistleblower Protections

The False Claims Act (FCA) is a federal law that allows individuals to sue on behalf of the government for fraudulent claims made by entities that receive federal funds. New Jersey has similar state laws that protect the government from fraud and also offer protections for whistleblowers. These laws not only incentivize whistleblowing but also protect those who step forward from retaliation. Understanding these provisions is critical for employees contemplating exposing fraud against government programs.

The Role of the False Claims Act and New Jersey Whistleblower Law

Under the FCA, individuals can bring a qui tam action, which allows them to pursue claims on behalf of the government and potentially receive a portion of any recovered funds. Similarly, New Jersey’s Conscientious Employee Protection Act (CEPA) provides one of the broadest state-level whistleblower protections in the United States, safeguarding employees from retaliatory actions by employers after employees disclose or refuse to participate in actions that they believe to be illegal or unethical.

Preparing a Whistleblower Case

1. Gather Substantial Evidence: Before coming forward, whistleblowers should compile as much evidence as possible. This includes emails, internal reports, financial records, or any other documents that support claims of fraud or unethical behavior. The strength of the evidence can significantly influence the outcome of the case.
2. Document Retaliation: If experiencing retaliation after reporting the wrongdoing, document every instance. This may include demotions, salary cuts, unwarranted disciplinary actions, or even termination.
3. Maintain Confidentiality: Keep your suspicions and evidence confidential and share them only with your attorney until a legal strategy is developed. Public disclosure can sometimes jeopardize a qui tam case or potential reward.
4. Consult an Employment Lawyer: Early consultation with an employment lawyer who specializes in whistleblower cases is crucial. Legal expertise is vital in navigating the complexities of both filing the claim and ensuring protection against retaliation.

How Employment Lawyers Can Successfully Bring a Case

Employment lawyers play a pivotal role in whistleblower cases, not only in initiating the legal proceedings but also in ensuring the whistleblower’s protection throughout the process.

• Evaluating the Claim: An attorney will first evaluate the evidence available to determine if the whistleblower’s case is viable under the FCA or relevant state laws. This includes an analysis of whether the alleged wrongdoing involves state or federal funds, which can determine under which law the case should be filed.
• Filing the Claim: For FCA claims, the lawyer will prepare a detailed legal document outlining the case, which is filed under seal, meaning it remains confidential while the government decides whether to intervene. For cases under New Jersey law, the lawyer will guide the whistleblower through the appropriate state channels.
• Navigating Legal Proceedings: The attorney will navigate the legal proceedings, including dealing with the complexities of discovery, court appearances, and negotiations with defendants. If the government elects to intervene in an FCA case, the lawyer will work alongside federal attorneys but continue to provide independent representation for the whistleblower.
• Securing Whistleblower Rewards and Protections: Finally, the lawyer will advocate for the whistleblower’s eligibility for rewards, which in FCA cases can range from 15-30% of the recovered amount by the government. They will also ensure that protections against retaliation are enforced, pursuing additional claims if necessary.

Conclusion

Bringing a case under the False Claims Act or as a whistleblower under New Jersey law requires careful preparation and strategic legal guidance. Employees who uncover wrongdoing involving government funds or illegal activities have powerful tools at their disposal to bring these issues to light while protecting their careers and livelihoods. With the support of a skilled employment lawyer, whistleblowers can navigate the legal landscape to bring justice and perhaps also secure a financial reward for their courage and initiative.