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Qui Tam Whistleblower

Qui Tam Whistleblower

Standing up for what is right and wrong in the workplace should be appreciated and not punished. California employees have protection under the law to report workplace discrimination and to fight against wrongful termination without the threat of facing retaliation from those in power. Whether your San Diego employment issues are related to fraud, harassment, or another category, you can count on the San Diego whistleblower attorneys at The Law Office of Frank S. Clowney III to represent your best interests.

What Qualifies Someone as a Whistleblower?

A whistleblower is someone who reports misconduct, fraud, or illegal activity within an organization. Whistleblowers can be employees, contractors, or others who have knowledge of the misconduct and decide to report it to the appropriate authorities or to the public.

To qualify as a whistleblower, an individual must typically meet certain criteria. For example, they may be required to report the misconduct to the appropriate authorities or to the public, rather than just reporting it internally within the organization. They may also be required to provide evidence or information about the misconduct that they have personally witnessed or experienced.

In the United States, there are federal and state laws that protect whistleblowers from retaliation or discrimination for reporting misconduct. These laws often apply to a wide range of industries, including healthcare, finance, and government. They may provide whistleblowers with various protections and remedies, such as the right to seek damages or reinstatement if they are fired or otherwise punished as a result of their whistleblowing activity.

Can Whistleblowers in California Get in Trouble?

In California, whistleblowers are generally protected from retaliation or discrimination for reporting misconduct or illegal activity. This means an employer or another party cannot take negative action against a whistleblower for reporting misconduct or for participating in an investigation related to the misconduct.

Under California law, whistleblowers are protected from retaliation in several ways. For example, an employer cannot terminate, demote, or otherwise punish a whistleblower for reporting misconduct. They also cannot discriminate against a whistleblower based on their whistleblowing activity, such as by denying them promotions or pay raises.

If a whistleblower experiences retaliation or discrimination because of their whistleblowing activity, they may be able to seek legal action. It is important for whistleblowers to understand their rights and to seek the assistance of an experienced whistleblower attorney if they believe they have been retaliated against for reporting misconduct.

How Do You Prove a Whistleblower Case in California?

To prove a whistleblower case in California, you must typically provide evidence that demonstrates the following elements of the claim:

  1. The whistleblower reported misconduct or illegal activity. You must show that you reported misconduct or illegal activity to the appropriate authorities or to the public. This may include providing documentation or witness testimony to support your claim.
  2. The whistleblower faced retaliation or discrimination. You must also show that you faced some form of retaliation or discrimination as a result of your whistleblowing activity. This could include being fired, demoted, or otherwise punished for reporting the misconduct.
  3. The retaliation or discrimination was a direct result of the whistleblowing activity. Another element you’ll have to prove is that the retaliation or discrimination you faced was directly related to your decision to report the misconduct. This may require showing that the employer knew about the whistleblowing activity and that it was a contributing factor in the decision to retaliate or discriminate against the whistleblower.

To prove your case, you may need to provide evidence such as documentation, witness testimony, and other forms of proof. It is essential to carefully document your experiences and to seek the assistance of an experienced attorney if you are considering pursuing a whistleblower claim.

Qui Tam Claim v. Whistleblower Case Explained

A qui tam claim and a whistleblower case are similar in that they both involve an individual bringing a claim against an individual or entity that is alleged to have violated the law. However, there are some key differences between the two types of cases:

  • The basis for the claim. A qui tam claim is typically brought under the False Claims Act, a federal law that allows individuals to bring claims against parties that are alleged to have defrauded the government. A whistleblower case, on the other hand, may be based on a variety of regulations and laws that protect whistleblowers from retaliation or discrimination for reporting misconduct or illegal activity.
  • The parties involved. In a qui tam claim, the relator (the individual bringing the claim) files the claim on behalf of the government and can potentially receive a portion of any damages or settlement recovered as a result of the claim. In a whistleblower case, the individual bringing the claim is typically suing their employer or another party for retaliation or discrimination related to their whistleblowing activity.
  • The damages sought. In a qui tam claim, the damages sought are typically related to the alleged fraud or misconduct that was committed against the government. In a whistleblower case, the damages sought may be related to the retaliation or discrimination faced by the whistleblower, such as lost wages or other economic damages.

Overall, while qui tam claims and whistleblower cases may have some similarities, they are distinct legal proceedings that involve different parties, legal bases, and damages. A San Diego whistleblower attorney can help you determine which claim type will work best for your case.

Qui Tam And Whistleblower Attorney To Defend Your Rights

What if your employer has contracted with the government and overbilled for services or products rendered and you know about it?

What if you have witnessed wrongdoing or unsafe conditions at work and have reported it directly to your employer or to a government agency?

Being in either of those positions can be extremely stressful on your personal life and your career. Nonetheless, you have certain legal protections after you have reported wrongdoing.

Supporting The Whistleblower Is My Job

If the federal government has been defrauded, you have a right to hire a private attorney and bring forth a lawsuit to recover government losses and share in any compensation recovered. This is called qui tam pro domino rege quam pro si ipso in hac prate sequitur, which means, “Who sues on behalf of the King, as well as for Himself.”

In 2001, nearly $1.2 billion of the Department of Justice’s settlements and judgments related to cases under the federal whistleblower statute that allows people who reveal fraud to share in the government’s recovery. From 2000 to 2001, whistleblowers were awarded more than $210 million.*

I have represented clients wrongfully terminated for reporting fraud, unsafe conditions and illegal conduct in the workplace.

How Much Does a Whistleblower Claim Cost in California?

The cost of a whistleblower claim in California can vary significantly depending on a variety of factors, such as the complexity of the case, the amount of damages sought, and the resources required to pursue the claim. Some whistleblower claims may be relatively simple and inexpensive to pursue, while others may be more complex and costly.

Overall, it is difficult to estimate the cost of a whistleblower claim without more information about the specific case. Whistleblowers must carefully consider the potential costs and benefits of pursuing a claim and seek the advice of an experienced attorney to understand their options.

What You Don’t Know Can Hurt You

Whistleblower laws are in effect precisely to protect employees who have the courage to step forward and stand up for what is right. I can be a support for you throughout this process as I legally advocate for your rights.

I know how much this can weigh on your well-being and will fight vigorously and skillfully for your rights. If your employer has taken any retaliatory action against you, I can seek remedies under the law. It has happened on many occasions that as I was exploring one employment law matter with a client, we have discovered additional illegal actions committed by an employer.

Call me today at 619-557-0458.

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