Employees who become aware of a company’s fraudulent billing practices may choose to act as relators. They can file lawsuits against their employers on behalf of the government. Doing so can put them in a difficult position where they may worry about facing the loss of their job or a demotion.
Thankfully, the False Claims Act extends multiple protections to employees who initiate litigation against their employers for inappropriate billing conduct. What are some of the most important legal protections extended to relators in qui tam litigation scenarios?
1. Compensation for successful suits
The employee who initially reports a company’s financial misconduct may receive a portion of the amount recovered during successful litigation. The exact percentage depends on the government’s degree of involvement in the lawsuit.
2. Reinstatement protection
Filing a qui tam lawsuit makes a worker a whistleblower, which means they have protection from unlawful retaliation. In scenarios where professionals can show that their employers unjustly terminated or demoted them for acting as whistleblowers, they may be eligible for reinstatement to their prior positions.
3. The right to double back pay
In scenarios where workers can show that their employers punished them for filing a qui tam lawsuit by demoting them, reducing their pay or unjustly firing them, the employee may be eligible for back pay from their former employer. In fact, the law allows for double back pay for lost and diminished wages.
Professionals who need to take legal action against their employers may need assistance gathering documentation and ensuring they follow all of the right procedures. Working with an attorney familiar with complicated employment law matters, such as qui tam litigation, can help professionals protect themselves from unfair retaliation and major financial setbacks.