Identifying and Litigating the Retaliation Case under the False Claims Act (Presented by the Federal Bar Association Qui Tam Conference 2025 sponsor Joseph, Greenwald & Laake)

This session examines the three essential elements for establishing a prima facie retaliation case under Section 3730(h): protected conduct, employer knowledge, and adverse action with causal link. Participants will learn how FCA retaliation claims differ from Title VII, ADA, and common law wrongful discharge provisions, and understand why no underlying FCA qui tam case is required.

This session explores what constitutes protected activity under the broadened post-FERA amendments, including internal disclosures, investigations, and refusal to participate in fraud. Attendees will examine the expanded coverage for contractors and agents, employer knowledge requirements, causation standards, and strategic considerations including document retention and procedural hurdles.

Participants will learn the full scope of available remedies under Section H, including reinstatement, double back pay with interest, and uncapped emotional distress damages. This session covers how to build effective damages models, mitigation considerations, and the strategic use of expert witnesses for psychological harm, vocational rehabilitation, and economic calculations.

This session presents instructive case examples including an $845 million Connecticut laboratory testing settlement involving excessive urinalysis billing. Additional cases involving Buy America Act violations in DoD contracts and Service Contract Act provisions demonstrate how retaliation claims operate independently from underlying qui tam allegations.

This session examines how state False Claims Act statutes differ from federal provisions, with some states like Texas and Michigan limiting claims to healthcare fraud only. Participants will explore how states like New York and Rhode Island have broadened coverage to include tax fraud whistleblower claims, and learn to evaluate which statute provides the strongest protections for specific cases.