Difference between revisions of "False Claims Act"

6 bytes removed ,  04:50, 3 November 2021
Line 46: Line 46:
*Making misrepresentations regarding certified cost or pricing data in violation of federal procurement laws and regulations.  See 10 U.S.C. 2306a; 41 U.S.C. Chapter 35; FAR 15.403-4 and 15.403-5.
*Making misrepresentations regarding certified cost or pricing data in violation of federal procurement laws and regulations.  See 10 U.S.C. 2306a; 41 U.S.C. Chapter 35; FAR 15.403-4 and 15.403-5.


=='''The False Claims Act Protects Whistleblowers from Retaliation'''==
='''The False Claims Act Protects Whistleblowers from Retaliation'''=


The False Claims Act (“FCA”) protects employees, contractors, and agents who engage in protected activity from retaliation in the form of their being “discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment.” 31 U.S.C. § 3730(h)(1).
The False Claims Act (“FCA”) protects employees, contractors, and agents who engage in protected activity from retaliation in the form of their being “discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment.” 31 U.S.C. § 3730(h)(1).
Line 52: Line 52:
False Claims Act whistleblower protection extends not only to employees and contractors, but also to partners. ''See U.S. ex rel. Kraemer v. United Dairies, L.L.P.'', 2019 WL 2233053 (D. Minn. May 23, 2019); ''Munson Hardisty, LLC v. Legacy Point Apartments, LLC'', 359 F. Supp. 3d 546, 558 (E.D. Tenn. 2019) (LLC that was general contractor on defendant’s construction project was proper FCA plaintiff).  In addition, the '''False Claims Act whistleblower protection law''' extends to physicians with staff privileges at a hospital. ''Powers v. Peoples Cmty. Hosp. Auth.'', 455 N.W.2d 371, 374 (Mich. Ct. App. 1990); [https://scholar.google.com/scholar_case?case=7152881440929489314&hl=en&as_sdt=20000006 ''El-Khalil v. Oakwood Healthcare, Inc.,''] No. 19-12822, E.D. Mich. April 20, 2020.
False Claims Act whistleblower protection extends not only to employees and contractors, but also to partners. ''See U.S. ex rel. Kraemer v. United Dairies, L.L.P.'', 2019 WL 2233053 (D. Minn. May 23, 2019); ''Munson Hardisty, LLC v. Legacy Point Apartments, LLC'', 359 F. Supp. 3d 546, 558 (E.D. Tenn. 2019) (LLC that was general contractor on defendant’s construction project was proper FCA plaintiff).  In addition, the '''False Claims Act whistleblower protection law''' extends to physicians with staff privileges at a hospital. ''Powers v. Peoples Cmty. Hosp. Auth.'', 455 N.W.2d 371, 374 (Mich. Ct. App. 1990); [https://scholar.google.com/scholar_case?case=7152881440929489314&hl=en&as_sdt=20000006 ''El-Khalil v. Oakwood Healthcare, Inc.,''] No. 19-12822, E.D. Mich. April 20, 2020.


==='''Prohibited Acts of Retaliation by the False Claims Act Anti-Retaliation Provision'''===
=='''Prohibited Acts of Retaliation by the False Claims Act Anti-Retaliation Provision'''==
The False Claims Act prohibits an employer from discharging, demoting, suspending, threatening, harassing, or in any other manner discriminating against a whistleblower.  Prohibited retaliation includes:
The False Claims Act prohibits an employer from discharging, demoting, suspending, threatening, harassing, or in any other manner discriminating against a whistleblower.  Prohibited retaliation includes:
*oral or written reprimands;
*oral or written reprimands;
Line 59: Line 59:
*retaliatory lawsuits against whistleblowers.
*retaliatory lawsuits against whistleblowers.


==='''Remedies or Damages Under the Anti-Retaliation Provision of the False Claims Act'''===
=='''Remedies or Damages Under the Anti-Retaliation Provision of the False Claims Act'''==
A whistleblower who prevails in a '''False Claims Act retaliation''' action under the FCA may recover:
A whistleblower who prevails in a '''False Claims Act retaliation''' action under the FCA may recover:
*reinstatement;
*reinstatement;