False Claims Act Retaliation Lawsuits

Exposing Fraud Against the Government Shouldn’t Cost You Everything

Calling out fraud that cheats the government isn’t just the right thing to do, it’s a legal right protected under the federal law. 

Whether it’s a contractor overbilling, a healthcare provider submitting fake Medicare claims, or a company lying to get federal funds, blowing the whistle can stop massive fraud. But if your employer punishes you for speaking up, you’ve got the law on your side.

At Horn Wright, LLP, our employment law attorneys represent whistleblowers in New York, Maine, New Hampshire, Vermont, and New Jersey who have been targeted for exposing fraud. 

The federal FCA protects workers nationwide, but New York’s own False Claims Act offers broader coverage, including state and local fraud cases, plus longer filing timelines than states like Maine or New Hampshire. 

Vermont often allows bigger awards for emotional harm, and New Jersey’s CEPA law is famously tough on retaliation. We use these legal differences to give you every possible advantage. 

Call us today at (855) 465-4622 to learn how we can protect your job and your future.

How the False Claims Act Shields Whistleblowers

The False Claims Act (FCA) lets individuals file lawsuits on behalf of the government when they know about fraud involving federal money. 

These “qui tam” lawsuits can lead to massive recoveries for the government, and rewards for whistleblowers. But the FCA also has a strong anti-retaliation provision, so employers can’t fire, demote, harass, or otherwise punish you for doing the right thing.

In New York, the state FCA covers fraud against state and local governments too. That means if you work for a contractor billing the City of New York or a state agency, you could be protected under both state and federal law. This overlap can give you more remedies and more time to file.

Retaliation claims under the FCA can include reinstatement, double back pay, and compensation for damages like emotional distress. Knowing your rights under both systems can help you recover faster and hold your employer accountable.

What Counts as Protected Activity

Not all workplace complaints trigger FCA protection, you have to take actions that the law recognizes as “protected activity.” The scope is wider than most people realize.

• Reporting suspected fraud involving government funds. If you raise concerns about billing, contracting, or grant fraud that affects federal, state, or local funds, you’re engaging in protected activity. This is true even if the fraud isn’t proven yet, as long as your suspicion is reasonable. Employers can’t legally punish you for trying to prevent government waste.
• Helping investigate fraud. Providing documents, data, or insider knowledge to an investigator, whether federal, state, or internal, counts as protected activity. You don’t have to be the original whistleblower to be covered. Your cooperation can make or break a case, and the law knows that.
• Filing or preparing a qui tam lawsuit. You’re protected if you’re working with an attorney to file an FCA case, even before the lawsuit is officially submitted. The law wants to encourage whistleblowers to come forward, not scare them off. This protection applies whether the government intervenes or not.
• Stopping your employer from committing fraud. If you refuse to participate in illegal billing or reporting, that refusal can be protected activity. You don’t have to wait for the fraud to be complete. Acting early can stop the damage before it spirals.

Time Limits Can Be Tricky

The FCA’s retaliation protections generally give you up to three years to file a claim, which is longer than many whistleblower laws. But don’t let that fool you into waiting. Evidence gets lost, memories fade, and opportunities to strengthen your case can disappear fast.

New York’s False Claims Act gives similar timelines for state-level retaliation claims, but other states like Maine and New Hampshire may have shorter limits. If your case involves both federal and state claims, the shortest deadline is the one that matters most.

Acting quickly also helps you coordinate with government investigators. If your retaliation claim is tied to an active fraud case, early action can make your case stronger and your protections clearer.

Retaliation Under the FCA Isn’t Always Obvious

Employers rarely admit they’re punishing someone for whistleblowing. Instead, they use tactics that look legitimate on paper but have a hidden agenda.

• Sudden reassignment to less desirable work. You might be moved to a role that doesn’t use your skills or that keeps you away from meaningful projects. This can be framed as a “business need” but often has no real justification. Over time, it’s meant to wear you down.
• Negative performance reviews after years of success. A spotless record can turn into a series of poor evaluations right after you report fraud. These reviews often set the stage for discipline or termination. It’s retaliation in disguise.
• Isolation from colleagues and decision-making. You may find yourself excluded from meetings, communications, or strategic discussions. This makes it harder to do your job and undermines your influence. It’s a calculated way to push you out.
• Pressure to resign with a severance offer. Employers might try to convince you to leave quietly, framing it as a “fresh start.” In reality, it’s a way to get rid of you without an open firing. It’s still retaliation.

Filing a False Claims Act Retaliation Lawsuit

The first step is to confirm your protected activity and gather evidence of the retaliation. 

This can include emails, performance reviews, witness statements, or changes to your job after your whistleblowing. The more detail you have, the stronger your case.

You can file a retaliation claim under the FCA in federal court, and in some cases, also pursue remedies under the New York FCA. Many whistleblowers file both to cover all bases.

Your case may involve discovery, depositions, and settlement talks. An attorney familiar with FCA retaliation claims can protect your identity when possible and fight for remedies that truly restore what you’ve lost.

Remedies for FCA Retaliation

The law’s remedies are designed to make you whole, and then some.

• Reinstatement to your former position. You can get your job back with the same pay, benefits, and responsibilities you had before the retaliation. Restoring your position can also repair your professional standing. It’s about more than just a paycheck.
• Double back pay. The FCA doesn’t just cover your lost wages, it doubles them. This penalty is meant to hit employers where it hurts and discourage future retaliation. It’s a powerful incentive for employers to think twice.
• Compensation for emotional distress. Retaliation takes a toll on your mental health, relationships, and career. Courts recognize that harm and can award damages for it. This helps acknowledge the personal cost, not just the financial one.
• Attorney’s fees and litigation costs. Winning your case can mean your employer pays your legal fees. That way, more of your recovery stays with you. It’s another way the law levels the playing field.

Horn Wright, LLP, Fights for FCA Whistleblowers

When you stand up against fraud, you deserve a team that stands with you. We’ve helped whistleblowers across New York and beyond use the FCA and state laws to protect their careers, recover damages, and hold employers accountable.

Don’t let retaliation undo the good you’ve done. You took a risk to stop fraud, now let us take on the risk of fighting for your rights. See how we defend whistleblowers. Get in touch with us to arrange your free case review.