Whistleblower Protection

Whistleblower Protection explained.

The whistleblower protection clause within qui tam is one of the strongest protection clauses in federal law. It not only protects him, or her, but anyone who investigates, initiates, testifies in furtherance of, or assists in a case.

In Section 3730(h) of the amended law, whistleblowers who have proven harassment are entitled to “all necessary relief necessary to make the employee whole” including “reinstatement with the same seniority status… two times the amount of back pay, interest on any back pay, and compensation for any special damages.” This clause not only helps the whistleblower keep his, or her, job if they are still employed while the case is proceeding, but also makes a company think twice about harassing any employee who cooperates with exposing the fraud.

Unfortunately, this clause does not help subcontractors and independent contractors who want to cooperate with the investigation.