Before you decide
A False Claims Act whistleblower who files a qui tam case does not simply pass along a tip; you become a party to a lawsuit brought on the government's behalf. You do not have to report internally first, though how and when you raised concerns can matter both to the case and to any retaliation claim. Your identity is protected while the case is under seal, but it is likely to become known if the case is unsealed and litigated. Cases often take years, and any award depends on the government actually collecting money from the defendant. Those realities are worth weighing alongside your reasons for coming forward.
Your job and retaliation
The law protects employees, contractors, and agents from retaliation for lawful efforts to stop false claims or to bring a case. Remedies can include reinstatement, back pay, and other damages, and New York's own whistleblower law adds further protection. Retaliation claims carry their own deadline, which can be shorter than people assume, so changes in how you are treated should be raised with counsel promptly. Keep records of your own reports, performance reviews, and any changes in duties or pay. Keep doing your job normally, and do not tell coworkers about your plans, both to respect the seal and to protect yourself.
Getting started the right way
Bring your lawyer what you know firsthand and the documents you received in the ordinary course of your work, and ask before collecting anything more, especially patient records or privileged legal material. If you want to put events in writing, do it at your lawyer's request so the notes are protected. In a first meeting we discuss whether the conduct fits the federal law, a state false claims law, or another program, such as the SEC or anti money laundering whistleblower programs, and which route offers clearer protection. We also talk plainly about what is uncertain, including whether the government will intervene and how long the case may take.
