Employees who come forward and report their employers for committing fraud against the government or other illegal actions are often referred to as whistleblowers. Whistleblowers who come forward with valuable information regarding their employer’s fraudulent or criminal behavior are protected against retaliation at the state and federal levels and may be rewarded significantly for their contributions.
If you are considering a whistleblower action or have experienced employer retaliation as a result of a whistleblower action, contact the Tycko & Zavareei LLP whistleblower lawyers in Texas today for a free, confidential case evaluation.
What is the False Claims Act?
The False Claims Act (FCA) is a federal law that makes it illegal for an individual or a corporation to knowingly commit fraud by filing a false claim or false record regarding any program funded by the federal government or any of its agencies. The FCA, sometimes known as Lincoln’s Law, was created to fight contractor fraud that was taking place during the civil war and is still one of the main ways the government addresses corporate fraud today. Under the FCA, individuals who help the government recover defrauded funds are eligible to receive a percentage of the total funds that are reclaimed.
What is Qui Tam?
The FCA contains a provision known as qui tam that allows private citizens to bring forth lawsuits on behalf of the government against organizations that commit fraud. Whistleblowers, the person bringing the qui tam lawsuit, are otherwise known as qui tam relators.
How are Whistleblowers Protected?
Under the False Claims Act, whistleblowers are protected from retaliation from their employers. Types of retaliation that are prohibited under the FCA include termination, demotion, suspension, withholding pay or benefits, or any other forms of harassment or discrimination directed at the employee for becoming a whistleblower.
In the event a whistleblower is retaliated against by their employer, the FCA gives the whistleblower the right to bring a lawsuit against their employer. In the lawsuit, they may seek multiple types of damages, including reinstatement if they were terminated or demoted, as well as back pay, and legal fees. If you have been retaliated against for speaking out about an employer committing fraud, contact the Texas whistleblower lawyers of Tycko & Zavareei LLP today.
What are Examples of Fraud?
When an individual or a corporation seeks to obtain unwarranted funds from the government, it is a violation of the False Claims Act and it is considered fraud. Fraud against the government can take place in any industry in which government contracts or funding are utilized.
Common types of fraud include:
- Healthcare fraud: Including Medicare, Medicaid, and pharmaceutical fraud
- Defense contractor fraud
- Securities fraud
- Tax fraud
Texas Whistleblower Laws
Aside from the federal False Claims Act, the state of Texas has its own set of laws regarding whistleblower protections, including:
Texas Whistleblower Act
Under the Texas Whistleblower Act, state and local public employees are protected from retaliation for reporting illegal or fraudulent acts. However, this law does not apply to private employees in Texas. Protections offered under the Texas Whistleblower Act include reinstatement if fired, suspended, or demoted as well as compensation for lost wages, attorneys fees, and court costs.
Texas Medicaid Fraud Prevention Act
Under the Texas Medicaid Fraud Prevention Act, whistleblowers are encouraged to come forward with information regarding Medicaid fraud through a qui tam lawsuit. The law also imposes additional penalties for illegal activity that results in harm to the elderly, minors, or people with disabilities. Under the Texas Medicaid Fraud Prevention Act, whistleblowers whose tips lead to the successful recovery of Medicaid funds will be awarded between 15 and 30 percent of the total funds recovered.
Additionally, the law affords protection to whistleblowers who are retaliated against by their employer including reinstatement, back pay, attorney fees, and court costs.
What Evidence Do I Need for a Texas Whistleblower Lawsuit?
In general, the type of evidence needed for a successful Texas qui tam lawsuit will differ based on the type of fraud the whistleblower is seeking to expose. However, thorough, well-documented, and extensive evidence is important in any whistleblower claim. Types of evidence often used in qui tam cases include internal memos and messages, emails, financial records, and sometimes even voice recordings. The evidence you gather should answer the questions:
- What type of fraud is taking place?
- Who is committing the fraud?
- Who is aware that the fraud is taking place?
- How is the fraud committed?
- Is the fraud ongoing?
How Can a Texas Whistleblower Lawyer Help Me?
If you are considering bringing a whistleblower action, an experienced Texas qui tam attorney will be able to guide you through the complex legal process and act as your advocate as you seek to expose corporate corruption. A knowledgeable whistleblower attorney will analyze your evidence and verify the strength of your whistleblower claim, file your claim under the correct whistleblower program, and make sure you are protected from employer retaliation to the fullest extent of the law for the duration of your case. If you experience retaliation, a qualified Texas whistleblower law firm will help you hold the perpetrator accountable for any damages caused.
Contact a Texas Whistleblower Attorney
At Tycko & Zavareei LLP, our qui tam lawyers are nationally recognized for their efforts in helping expose corporate fraud. With over $7 billion in defrauded funds recovered to date, our whistleblower law firm has the experience and expertise needed to guide you through the whistleblower legal process.
If you believe you have insider knowledge of a corporation committing fraud against the state or federal government, contact the Texas whistleblower lawyers of Tycko & Zavareei LLP today for a free, confidential case evaluation to see if you qualify for a qui tam lawsuit.
