“CONSTRUCTIVE DISCHARGE” RETALIATION CLAIMS UNDER THE FALSE CLAIMS ACT: WHAT FORM OF INTENT MUST THE EMPLOYER HAVE?

Posted on April 30, 2018 in Employment

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A critical element in any claim for retaliation under the False Claims Act is an adverse employment action. Most commonly, FCA retaliation claims rest on an employee’s involuntary termination due to lawful actions taken by the employee in reporting or opposing the submission of false claims to the government. In... Continue Reading →

Tags: retaliation

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February FCA Update

Posted on March 13, 2012 in Legal Updates

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February was an interesting month, with one case showing how OIG advisory opinions can be taken too far, another considering fraud under a corporate integrity agreement, and a court applying burden-shifting for the first time at the appellate level in FCA retaliation cases. Cases reviewed from February are: US ex rel.... Continue Reading →

Tags: advisory opinion, Aggregate Industries, Bell Constructors, Boggs, Bright Smile, caselaw, False Claims Act, fraud with particularity, Harrington, Klein, Klusmeier, law, legal, Matheny, Medco, OIG, qui tam, relator, retaliation, update, whistleblower

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False Claims Act Update, December 2011

Posted on January 3, 2012 in Legal Updates

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What must a successful FCA defendant show to collect attorney’s fees under the Equal Access to Justic Act? Can an error by the government create an FCA violation by a defendant relying upon the government’s acts? Does Vermont Agency of Natural Resources v. US ex rel. Stevens apply to FCA... Continue Reading →

Tags: Comstock, EAJA, Equal Access, False Claims Act, FCA, Fox, Huang, immunity, lease, Pecore, person, pro se, qui tam, real party in interest, relator, retaliation, Select Medical, Stevens, Thouvenot, Villaspring, whistleblower, worthless, Wright

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False Claims Act Update, October 2011

Posted on November 1, 2011 in Legal Updates

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A case based upon FOIA documents may be subject to the public disclosure bar. A difference of scientific judgment does not create the basis for an FCA suit. Whistleblowers who wish to dismiss their suits after the Government refuses intervention may not hide their identity from the defendants, even if... Continue Reading →

Tags: Danner, Durham, False Claims Act, FCA, Hill, Matsutani, Prospect Waterproofing, Quality Health Care, quit tam, relator, retaliation, seal, University of Medicine & Dentistry of New Jersey, whistleblower

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