Category: Retaliation

Retention of Employer Documents by Whistleblowers Part 5—Retaining Documents as Protected Activity Under the False Claims Act

A whistleblower’s acquisition and dissemination of documents may also be protected or privileged under the recently strengthened anti-retaliation and whistleblower provisions of the False Claims Act (FCA). The FCA arguably provides the broadest protection for individuals who collect and retain documents that relate to their employer’s wrongdoing.  Under the FCA, retention of documents has been…




Recent Expansions of False Claims Act Retaliation May Allow Claims Against Third-Party Non-Employers

The False Claims Act’s anti-retaliation provision is found at 31 U.S.C. § 3730(h)(1) (2011).  In 2009 and subsequently in 2010 this provision was amended, and now reads as follows: Any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent…