California employees have a variety of different protections and rights. While the vast majority of these employees may suffer retaliation and discrimination from their employer, there are also protections for employees that want to file a qui tam lawsuit. A “qui tam” suit is one where an employee brings a lawsuit against an employer on behalf of the government. While not especially common, if an employee wants to stand up to their employer’s illegal activity and suffer retaliation because of it, they have rights under California law.
Maison Law proudly serves clients all throughout California. Our firm can help you understand what a qui tam lawsuit is and what rights you have when your employer retaliates against you for filing one.
Qui tam lawsuits and California law
Probably the easiest way to understand a qui tam lawsuit is to think of it as a “whistleblower” lawsuit. When an employee files a qui tam lawsuit, they are “blowing the whistle” on their employer for violating state law. Specifically, the California False Claim Act (CFCA) allows whistleblowers to file a qui tam lawsuit where they can be rewarded with between 15% to 50% of funds initially lost to fraud or other violations on the part of the employer. The CFCA protects California employees, but there are also federal qui tam statutes that can be pursued as well. An individual that brings a qui tam lawsuit is officially known as a “relator.”
Examples of Qui Tam Actions
“Whistleblowers” have gained notoriety in recent years, with high profile cases enjoying media attention. While commonly associated with exposing illegal activity on the part of the federal government, there is a wide variety of unlawful activity where a whistleblower can bring a qui tam suit, usually when the employer is caught doing the following:
- Engaging in health care fraud
- Engaging in bid rigging
- Charging the government for unapproved costs
- Charging the government for services not provided
- Asking inflated prices to the government
- Paying school admissions officials based on enrollment
- Falsifying compliance with regulatory rules to get public money
- Not complying with contract requirements
- Providing kickbacks to health providers in exchange for referrals
- Falsifying or manipulating research results and data
- The misuse grant money
Qui tam lawsuits are usually filed by employees that work for employers with heavy involvement in government contracts. Like any other form of retaliation, an employee that is terminated or discriminated against by their employer for their involvement in a qui tam lawsuit, the employee can file a separate lawsuit to recover damages.
Retaliation Lawsuits in California
Retaliation on the part of the employer against an employee that has filed a qui tam lawsuit is illegal under Section 12653 of the California Labor Code. On top of the qui tam lawsuit, a retaliation lawsuit falls under the “wrongful termination” category. A successful wrongful termination suit while litigating a qui tam retaliation claim can recover the following:
- Reinstatement of your lost job
- Retroactive wages for wrongful termination
- Interest on wages your employer owed you
- Emotional distress recovery
- Punitive damages
Working with our experienced qui tam retaliation lawyers will help you navigate the complicated legal process of filing a claim against your employer. Further, there is a three-year time limit-officially known as a statute of limitations-for filing a retaliation claim in California. Thus, if you believe you have been retaliated against by your employer, don’t hesitate to reach out to Maison Law today.
Contact Experienced California Qui Tam Retaliation Lawyers Today
No employee should be punished for doing the right thing, especially when their employer is defrauding the government. Still, when an employee steps up on behalf of California citizens, they can suffer retaliation. Maison Law works tirelessly on behalf of California employees that have been punished by their employer for exposing illegal activities. Blowing the whistle on your employer takes a great deal of courage, and our firm will be by your side every step of the way. To get started with a free consultation, complete our confidential contact form.
