Qui Tam is short for a Latin phrase meaning “he who sues on behalf of the king as well as for himself.” In American law, qui tam actions are lawsuits brought by private citizens (popularly called a “whistleblower”) against a person or company who is believed to have violated the law in the performance of a contract with the government. Congress has recognized that private citizens are often the first to uncover wrongdoing and have designed laws to provide strong whistleblower protections, including the qui tam action. These laws have been implemented to protect taxpayer funds, promote transparency in government contracting, encourage early reporting of fraud and safety risks, and shield individuals who act in the public interest. 

The False Claim Act (FCA) is the primary federal law addressing fraud against the government, and it allows private individuals to file lawsuits on behalf of the United States when they have knowledge of false or fraudulent claims for government payment. The statute provides a strong anti-retaliation provision protecting employees, contractors, and agents from retaliation for lawful acts done in furtherance of an FCA action. Some federal laws that provide further whistleblower protections includes, among others:

• The Sarbanes-Oxley Act of 2002 (SOX) that protects employees of publicly traded companies who report securities fraud, mail fraud, wire fraud, or violations of U.S. Securities and Exchange Commission (SEC) rules;
• The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 that expanded whistleblower protections and created financial incentives for individuals who report securities violations to the SEC; and 
• The Occupational Safety and Health Act of 1970 (OSHA) protects employees who report unsafe working conditions are some of many. 

Under federal law, it is illegal for an employer to take any retaliatory actions against an employee who reports illegal activities under whistleblower laws. Most whistleblower statutes prohibit retaliation in the form of termination, demotion, suspension, harassment, threats, and blacklisting. 

How We Can Help

Whistleblower and qui tam claims are procedurally complex areas of employment and federal litigation. Acting promptly and with informed legal guidance can make the difference between preserving a claim and losing it. Attorneys at VKV have extensive experience working with cases involving cheating on government contracts and fraudulent public accounting under the Sarbanes-Oxley Act of 2002. VKV whistleblower lawyers give you the knowledge and power to stand up and fight against harassment, retaliation and wrongful termination. 

Additional resources you may find helpful:

• U.S. D.O.L. Whistleblower Protections
• EEOC Whistleblower Protections