If you have knowledge that a company, perhaps your employer, is engaged in health care fraud and are considering blowing the whistle, protecting yourself from retaliation and other consequences is key.

Health care fraud whistleblowers face the overwhelming decision whether or not to blow the whistle. Your reputation, your career and sometimes your safety may be at stake, but there are protections available to whistleblowers.

WHAT PROTECTIONS EXIST FOR HEALTH CARE WHISTLEBLOWERS?

The Federal False Claims Act includes an Anti-Retaliation Provision that protects whistleblowers from retaliation, including prohibiting termination, suspension, demotion, harassment or any form of discrimination in the terms and conditions of employment.

To rely on this protection, a whistleblower must prove: (1) that the employee took action under the False Claims Act; (2) that the employer knew about these acts; and (3) that the employer discriminated against the employee because it.

WHAT PUNISHMENT DO EMPLOYERS FACE FOR RETALIATION?

Employers who choose to violate the Anti-Retaliation Provision can face substantial punishment. The False Claims Act provides that the relief from retaliation includes:

  • Reinstatement with the same seniority status
  • Twice the amount of back pay, plus interest
  • Compensation for damages sustained as a result of the retaliation, including attorneys’ fees

The Anti-Retaliation Provision also protects whistleblowers regardless of whether a lawsuit has been filed. This protection ensures that those who plan to file a whistleblower case, but never fully file the action, cannot face retaliation.

If the employer does retaliate against you, you have certain protections. Finding the right law firm to file your claim is the most important step. Hagens Berman’s health care fraud team have a leading reputation within government agencies and can bring your fraud claim with the best protection, security and knowledge.

It is imperative that you consult an attorney immediately upon determining that you are being retaliated against.

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