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What are the whistleblower protection provisions for employees in the False Claims Act?

Under 31 U.S.C. § 3730(h) of the False Claims Act, any employee who is discharged, demoted, harassed, or otherwise discriminated against because of lawful acts by the employee in furtherance of an action under the Act is entitled to all relief necessary to make the employee whole. Such relief may include reinstatement, double back pay, and compensation for any special damages, including litigation costs and reasonable attorneys' fees.

You should be aware, however, that the scope of whistleblower protection under § 3730(h) is an issue that currently divides the courts. That is, what is considered unlawful retaliation in one court may not be illegal in another jurisdiction.  However, what is clear in this relatively new area of law (most of the case law developed in the last 10 years) is that you do not have to file a False Claims Act qui tam case to be protected by the law.  You can protect your rights by filing a lawsuit under § 3730(h) in federal court.

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