Have you ever noticed something at work that just did not feel right? Secrecy and ambiguity in the workplace tends to set off alarm bells in many people’s minds. When your gut tells you something is wrong at work, it is important to pay attention instead of assuming that you are overreacting. With enough evidence, and the help of a San Diego qui tam lawyer, you may be able to stop fraud at your job.
Whistleblowers are vital participants in the United States justice system. The word “whistleblower” typically refers to an everyday employee who is just doing their job when they notice something suspicious happening in their workplace. If you suspect fraud in San Diego, connect with one of our well-versed whistleblower attorneys today.
What Does “Qui Tam” Mean?
Qui tam lawsuits are also called whistleblower lawsuits or False Claims Act lawsuits. These terms all refer to a lawsuit brought by a whistleblower against a company or organization that is suspected of committing fraud against the government. The government relies on whistleblowers to alert them of fraud, because they cannot have eyes everywhere at all times.
For example, to the government employee reviewing a Medicare claim from a clinic, the submitted claim may look completely normal. However, a nurse who works in the clinic and sees patients may notice that the paperwork differs from the treatment the patients are actually given. The government would rely on that nurse’s disclosure in order to pursue an investigation into alleged healthcare fraud.
The Difference between a Qui Tam Case and a Civil Case
Most legal actions brought against companies or organizations are pursued and settled in civil court or via mediation. The difference between qui tam cases and typical civil cases lies in the parties involved and who pursues the lawsuit. Most cases that go through civil court involve businesses and individuals. A case between two businesses, two individuals, or an individual and a business would likely be mediated with the help of civil lawyers or handled in civil court.
Qui tam lawsuits, on the other hand, are civil cases between businesses and the government. They start with a whistleblower, who brings their suspicions and evidence to a San Diego qui tam attorney. The lawyer then reviews the evidence and determines whether it is sufficient to take to the authorities and, if so, would then pursue the case on behalf of the government. Tycko & Zavareei LLP’s experienced qui tam lawyers are prepared to help you through your San Diego whistleblower case.
Barriers to San Diego Whistleblower Lawsuits
What would stop a person from doing the right thing and coming forward about fraud? The most common barrier that prevents people from reporting instances of fraud at their workplaces is the fear of employer retaliation, or professional consequences in direct response to the report they have made.
In the United States, whistleblowers are protected by the False Claims Act, a law passed to encourage people to come forward with insider information that could help stop fraud. It lays out specific prohibited acts of retaliation against employees who have made protected disclosures about potential fraud. The law also states that whistleblowers have the right to remain anonymous during the investigation of their claims.
The False Claims Act also establishes rewards for people who blow the whistle on fraud against the government. If a protected disclosure leads to a successful qui tam lawsuit, the whistleblower may be entitled to a portion of the settlement, typically between 15 and 30 percent.
California Whistleblower Protection Act
The California Whistleblower Protection Act was established to protect California government employees against retaliation after filing a complaint about corruption or fraud. The Act defines a government employee as anyone employed by the State of California or a city or county therein, and explicitly prohibits any retaliatory action following a report. It also establishes the possibility of a reward for whistleblowers in the amount of 15-33 percent of the settlement collected by the government in a successful qui tam lawsuit.
Though whistleblowers are protected against retaliation from their employers under the California Whistleblower Protection Act, it can be difficult to prove that a particular action was retaliatory in nature. A recent California Supreme Court case helped establish a more employee-friendly way to go about this process.
The new standard puts the burden of proof on the employer and takes some of the pressure off of an employee who has chosen to blow the whistle and suffered professionally or personally for their courage. Tycko & Zavareei LLP is here to help make the whistleblowing process as smooth as possible for whistleblowers in San Diego.
How a San Diego Qui Tam Attorney Can Help
Once you make the decision to speak up about fraud, the first step is to contact a San Diego qui tam lawyer. Not only can a lawyer’s expertise help in cases of retaliation, but whistleblowers are also required to have legal representation under the False Claims Act.
When a qui tam lawsuit is filed, it is filed on behalf of the government. In the eyes of the government, self-represented whistleblowers tend not to have the experience required to secure a settlement; thus, they require that a lawyer handle the case. Additionally, whistleblowers are entitled to anonymity during the investigation of their claims.
Are you ready to blow the whistle on fraud in San Diego? Tycko & Zavareei LLP’s qui tam lawyers are here to help. Contact us today to set up a free consultation to discuss your case.
