The attorneys at The Employment Law Group® law firm are experienced in representing employees in numerous different types of claims against federal contractors, subcontractors, federal grant recipients, and sub awardees.
Our attorneys have represented researchers, executives, in-house counsel, doctors, nurses, Medicare billing specialists, accountants, and other employees in a wide variety of whistleblower claims involving fraud against the government. For example, our attorneys have:
- Represented a client whose allegations that corporations defrauded the federal government resulted in a $57.75 Million False Claims Act settlement agreement.
- Secured a $3.6 million judgment against a defense contractor under the False Claims Act’s qui tam provision.
- Worked with the United States government to secure a $2.8 million settlement in a case involving allegations of healthcare fraud.
- Obtained an $819,000 jury verdict in a False Claims Act retaliation case on behalf of a scientist whose contract wasn’t renewed after he raised questions about possible misuse of federal research grants.
If you have suffered illegal retaliation under the McCaskill Amendment to the American Recovery and Reinvestment Act, you may be entitled to reinstatement in your job; back pay for lost wages; front pay for future lost wages; litigation costs and attorney fees; and other compensatory damages.
As with all legal claims, deadlines are crucial. While the protections created by the McCaskill Amendment to the American Recovery and Reinvestment Act do not have a statute of limitation, there are several laws such as the Sarbanes Oxley Act and False Claims Act that could provide overlapping protections to employees. Claims under the Sarbanes-Oxley Act and the False Claims Act must be brought within 180 days and 3 years, respectively.
Frequently Asked Questions
What sort of ARRA whistleblower protection does the McCaskill Amendment provide?
Examples of whistleblower activities protected under the Act include:
- Reporting a gross mismanagement of an agency contract relating to American Recovery and Reinvestment Act (ARRA) stimulus funds
- Reporting gross waste of ARRA stimulus funds
- Reporting a substantial and specific danger to public health or safety
- Reporting an abuse of authority related to the implementation or use of ARRA stimulus funds
- Reporting what you reasonably believe to be a violation of a law, rule, ore regulation that govern an agency contract or grant related to stimulus funds.
To what types of entities can reports be made and still be protected?
Reports to the following persons and entities are protected:
- A person with supervisory authority over you
- State or federal regulatory or law enforcement agencies
- Members of Congress
- An inspector general of an agency that expends stimulus funds
- The Comptroller general
- The Recovery Accountability and Transparency Board
What sort of retaliation is prohibited?
The McCaskill Amendment to the American Recovery and Reinvestment Act prohibits several different types of adverse actions including:
- Termination, discharge, or firing
- Suspension, threats, harassment, or other forms of intimidation
- Failing to hire or promote
- Any discriminatory action that would negatively impact the terms and conditions of the whistleblower’s employment
Is there a “duty speech” exception? Am I protected if I speak up while carrying out my ordinary duties?
Section 1553 of ARRA specifically protects “duty speech” whistleblowing, i.e., disclosures employees make in the ordinary course of performing their job duties.
If you have suffered illegal retaliation under McCaskill Amendment to the American Recovery and Reinvestment Act, you may be entitled to receive:
- Back pay for lost wages
- Front pay for future lost wages
- Compensatory damages
- Litigation costs and attorney fees