Cole | Reichek can help the whistleblower in two ways:
Protection from Retaliation:
Many of our clients have employment claims that involve retaliation for reporting fraud, and Cole | Reichek is uniquely qualified to handle a case that presents both claims of fraud by an employer and retaliation for reporting such fraud.
Employees or contract employees who suspect fraud may be entitled to job protection if they properly report the misconduct. There are many laws that offer protection for employees or contract employees who report fraud, misconduct or wrongdoing. These laws cover a wide range of industries including, transportation, accounting and taxes, the medical industry, insurance, banking and securities.
There is no single law that protects all employees’ complaints of misconduct. Instead you must look to many individual state and federal laws. Each law has different requirements and time limits. Thus, it is imperative that you seek the advice of a seasoned professional who is familiar with all of the various laws that might apply and all of the many details and requirements that each law presents.
If you have reported misconduct and have experienced a termination, demotion, or suffered monetary loss, contact Cole | Reichek today to learn if there is protection available to help you. Time is of the essence. Many of these laws require you take action quickly. If you are considering reporting misconduct, please contact us immediately to learn what protections may be available to you and how to navigate to properly protect yourself while still doing the right thing.
Qui Tam/ Whistleblower claims:
Qui Tam lawsuits allow a private citizen to file a claim on behalf of the government in order to recover money that has been fraudulently stolen from taxpayers. These qui tam lawsuits are usually brought under the federal False Claims Act, which covers Medicare and Medicaid fraud, defense contractor fraud and many other types of fraud that results in the government losing funds rightfully due to the government.
These cases are very complicated and require the litigant (called a relator) to file the claim under seal and provide proper notice to the government. The law requires that relators—the whistleblower in the case—be represented by counsel. In addition, there are time limitations thatapply and often the cases can take years to prosecute, requiring the investment of substantial sums of money and time on the part of the law firm that you hire. Thus, it is imperative to hire a firm with the proper knowledge, experience, and resources to help you.
So what is the upside to you?
Qui Tam suits often provide a monetary reward to the whistleblower who files the suit on behalf of the government. The government can recover up to three times of the amount of money they have lost due to the fraud plus an additional penalty for each false claim. A successful recovery by the government can also result in a monetary reward to the whistleblower. The amount of recovery varies and can depend on a number of factors, but in general the whistleblower is entitled to recover between 15 to 25% of the total recovery the government receives if the government participates in the lawsuit and between 25 and 30% of the government’s total recovery if the government does not participate in the suit. Contact Cole | Reichek today to get advice and help in your decision of how to proceed.