California False Claims Act
Which provision of the CA FCA protects whistleblowers? Back to top.
The CA FCA includes an anti-retaliation provision that protects whistleblowers from retaliation by their employer. The primary elements of whistleblower retaliation are:
1. Employer-Employee Relationship. The plaintiff was an employee of the employer;
2. Adverse Employment Action. The plaintiff was fired or experienced another form of adverse employment action; and
3. Protected Conduct. The employee’s protected conduct was a substantial factor in the employer’s decision to take the adverse employment action.
What compensation can a prevailing employee recover? Back to top.
A whistleblower may be rewarded up to 50% of the proceeds recovered under the CA FCA. Additionally, a whistleblower is entitled to compensation for lost wages and benefits, litigation costs, reasonable attorney’s fees, damages for emotional distress, and punitive damages.
What actions by the employer constitute an adverse employment action? Back to top.
Termination, demotion, or any other act of reprisal by the employer is an adverse employment action.
What kind of employee conduct is protected? Back to top.
Protected conduct includes:
Investigating, initiating, testifying for, or assisting in a CA FCA action;
Reporting fraudulent activity;
Bringing illegal conduct to an employer’s attention; or
Refusing to participate in a scheme to defraud the California state government;
What should I do if I am thinking about blowing the whistle or believe I have been retaliated against?Back to top.
Keep a detailed log of your employer’s actions and statements relating to any kind of retaliation, andcontact the employment attorneys at The Employment Law Group® law firm at 1-888-826-5260 or firstname.lastname@example.org to discuss your potential claim.