Whistleblower Retaliation: Double Back Pay and Reinstatement
Section 3730(h) of the False Claims Act protects employees, contractors, and agents from retaliation for lawful acts in furtherance of a qui tam case or efforts to stop a violation. Remedies include reinstatement with seniority, two times back pay with interest, and attorney fees.
$2 million False Claims Act settlement with Recovery Centers of America
The retaliation claim is separate and often faster
A retaliation claim is not part of the fraud case. It belongs to you rather than the government, it does not require the government to intervene, and it can be litigated or settled on its own schedule.
That independence matters practically. The qui tam case may take years under seal while the retaliation claim addresses what happened to your job and your income now.
You do not need to have filed a case
The 2009 amendments broadened the provision to cover lawful acts in furtherance of a False Claims Act action or other efforts to stop a violation. You are protected for raising the issue internally, for gathering information, and for refusing to participate.
You also do not need to be right that fraud occurred. What matters is that your belief was reasonable and your conduct was lawful.
What counts as retaliation
The statute lists discharge, demotion, suspension, threats, harassment, and any other discrimination in the terms and conditions of employment. Courts have applied it to a wide range of conduct beyond firing.
- Termination, forced resignation, or constructive discharge
- Demotion, reassignment, or removal of responsibilities
- Exclusion from meetings, projects, or information needed to do the job
- Sudden negative performance reviews after years of positive ones
- Denial of promotion, raise, or bonus following the report
- Threats about references, licensure, or future employment
What it is worth
Remedies are reinstatement with the seniority you would have had, two times back pay with interest, and compensation for special damages including litigation costs and reasonable attorney fees.
These recoveries are frequently larger than people expect. In the Recovery Centers of America matter our attorneys handled, the relator received 230,000 dollars as her qui tam share and separately settled the retaliation claim for 450,000 dollars plus costs and fees.
What to do while it is happening
Retaliation cases are built from contemporaneous records, and the window to create them closes when you lose system access.
- Write down what was said, by whom, and when, on the day it happens
- Keep copies of performance reviews you received before you reported
- Note who knew about your report and when they learned
- Preserve your own personnel documents, which you are entitled to
- Do not resign before speaking with counsel, because it complicates the claim
Frequently asked questions
How long do I have to bring a retaliation claim?
Section 3730(h) claims generally must be brought within three years of the retaliatory act. Other statutes that may also apply have much shorter deadlines, some as short as 30 days.
Do I have to accept reinstatement?
No. Reinstatement is available but many relators do not want it. Front pay is often negotiated instead, and settlements commonly resolve the claim without a return to work.
Can I bring retaliation without a qui tam case?
Yes. The provision protects efforts to stop a violation, so you can have a retaliation claim even if no qui tam case is ever filed.
My employer says I was fired for performance. Does that end it?
No. Timing, the sudden appearance of performance criticism after a clean record, and who knew about the report are the facts that carry these cases. A stated reason is not a defense if the evidence contradicts it.
The attorneys who handle these cases
Related reading
Talk to a whistleblower attorney before you report
A conversation costs nothing and is confidential. We will tell you honestly whether what you have describes a case, and what the first-to-file rule means for your timing.