What are the risks of bringing a False Claims Act case?
Companies that become defendants in False Claims Act cases might choose to retaliate in some way against a whistleblower. While the law specifically prohibits this type of retaliation, some companies retaliate anyway. When a company retaliates, it is most often with respect to employees who choose to become whistleblowers. Some of these companies have fired the whistleblowers. Sometimes, a company will say that the whistleblower was fired for unrelated reasons (for example, that the employee’s performance was below expectations). A defendant company will sometimes try to damage the reputation of the whistleblower. If retaliation does occur, relators are entitled to all relief to make them whole, including reinstatement, two times the amount of back pay, litigation costs, and attorney fees. A whistleblower should carefully consider with his/her lawyer – before filing a lawsuit – whether it is worth taking the risk of proceeding in a particular case.
