Retaliation and Whistleblowing Protection in D.C.

The District of Columbia has several layers of protection that shield employees from retaliation. First, common law states that employers cannot fire an employee because of a public policy violation; otherwise, the employee has the right to sue for wrongful discharge. D.C. also has statutory protections in place for this purpose.

Employees who file a complaint or testify (these are protected activities) can’t be retaliated against if the complaint falls into one of the following categories: false claims actions, discrimination, health care employees, worker’s compensation, minimum wage, and occupational health and safety. Furthermore, the federal government adds another layer of protection for employees: the False Claims Act. But how does the false claims act work?

A Whistleblower Begins a Case

An insider who is aware that a business or individual is taking part in government fraud is a whistleblower. As recognized by the False Claims Act, a whistleblower is formally called a relator. The relator is often a former or current employee of the organization in any position.

For example, an accountant could realize that an erroneous billing pattern has been taking place. Or a staff member for a government vendor might discover that the government is not actually receiving services that they have been paying for. Whistleblowers can be entitled to a percentage (typically 15-20%) of the amount that’s recovered in court.
The Relator Comes Forward with the Case Before the Department of Justice

A relator must be the first person to give the government information that they were unaware of before to officially make a claim under the False Claims Act. The whistleblower must begin by presenting the information that he or she has gathered before the Department of Justice and the state’s U.S. Attorney’s office in which the fraud occurred. This is known as a presentment.

A presentment should be made up of evidence in the form of documentation and other information that supports the claim. A presentment package that is filled with relevant material is more likely to be successful.

The critical presentment stage acts as the foundation for the claim. It must be compelling and organized. There should also be original material in the presentment package. Information that’s available publicly cannot be the only data that’s being presented.
Formal Lawsuit Begins

After presentment, a False Claims Act lawsuit can be filed. The whistleblower will need to initiate the lawsuit in the court that has jurisdiction of where the asserted fraud took place. The case will need to be sealed and won’t be publicly accessible. The case will remain sealed at this point unless the government chooses to pursue the charges.

During this time the relator cannot speak about the alleged fraud or any other aspect of the lawsuit to give the government adequate time to look over the complaint. The government will examine the documents included in the case and they might choose to speak with witnesses at this stage. If government officials concur with the evidence provided, they can take action and seek recovery for damages.

The Government Chooses Whether or Not to Take Action

If the government decides to pursue the lawsuit, it takes control of the lawsuit so that the relator can assume a secondary position. This is because the government has more resources and arsenal to use in the lawsuit.

After the government becomes involved, it will designate how settlement awards will be allocated, if a settlement takes place. The whistleblower is normally entitled to a percentage of whatever settlement is recovered.

The Government Could Decide Not to Take Action
The government might choose not to pursue the lawsuit, and if they do, then a few things can take place. For one, the case turns into public record because it will be unsealed. The whistleblower then has the option to choose whether or not they want to continue the lawsuit privately without the help of the government.

Whistleblower admissions can save people’s lives and taxpayer dollars. They help the government remain responsible, efficient, and honest. Whistleblowers help eliminate abuse, waste, and fraud, which is why Federal legislation urges contractors and government employees to reveal misconduct if they become aware of any.