Blowing the whistle on fraud against the government is a courageous act, but it’s also a risky one. Employers rarely welcome news that someone inside the company is accusing them of cheating Medicare, falsifying data, or double-billing contracts. Even though the False Claims Act (FCA) and other laws make retaliation illegal, the reality is that it still happens—and often in subtle ways.
Below, our friends at Whistleblower Law Partners go over what a whistleblower should do, step by step, to minimize those risks and preserve the legal protections that Congress intended.
Understand What “Retaliation” Really Means
Retaliation isn’t just getting fired. Under 31 U.S.C. § 3730(h), it includes any adverse action taken because of lawful whistleblowing activity. That can mean:
- Termination, demotion, or a pay cut
- Removal from key projects or client accounts
- Threats, intimidation, or blacklisting
- Harassment or changed performance reviews
- Constructive discharge (making conditions so intolerable you’re forced to quit)
Courts interpret the standard broadly: if an employer’s action “might dissuade a reasonable worker” from reporting fraud, it can be retaliation. Whistleblowers don’t have to prove the fraud itself to win a retaliation claim—they only need to show that they engaged in protected activity and were punished for it.
Don’t Rush. Document.
The most important protection a relator can give themselves is a paper trail. Fraud cases live or die on documentation, and the same is true for retaliation. Keep records from day one:
- Emails and texts: Save messages that show what you raised and when.
- Meeting notes: Record dates, participants, and what was discussed—especially when you report a concern.
- Performance records: Keep copies of prior evaluations and any changes after you speak up.
- Timeline: Maintain a chronological log of key events—complaints, responses, discipline, job reassignments.
Use your personal email or a secure cloud account that your employer can’t access. Don’t take company data that contains patient information, trade secrets, or personally identifiable information. Your whistleblower lawyer can later request those through discovery.
If possible, consult counsel before collecting evidence—many whistleblowers unintentionally violate HIPAA or confidentiality agreements trying to preserve proof. A good FCA lawyer can tell you what you can safely retain and how to handle sensitive materials.
Raise Concerns Internally—But Be Strategic
One of the strongest defenses against retaliation is showing that your complaint was made in good faith through proper channels. Most courts treat internal reporting as “protected activity,” even if you haven’t yet contacted the government.
That said, use judgment:
- Report the issue in writing to compliance, HR, or a supervisor.
- Keep the tone factual: describe what you saw, not who you think is guilty.
- Avoid inflammatory language—stick to data, billing codes, or examples.
- Ask for follow-up and confirmation that your report was received.
If the company ignores the report or retaliates afterward, that written record becomes critical evidence.
However, if your employer has a history of punishing employees who raise concerns, or if you suspect management is part of the fraud, it may be safer to go straight to counsel instead of internal channels. Each situation is different.
Don’t Tip Your Hand Too Early
Whistleblowers are often eager to expose wrongdoing, but early disclosure inside the company can make you a target before the government has time to act. The False Claims Act requires that qui tam complaints be filed under seal, and the government may investigate quietly for months or years.
During that time:
- Keep your involvement confidential, even with co-workers.
- Don’t use work devices to communicate with your attorney or the government.
- Avoid social media posts about “fraud” or “corruption”—even vague ones can be traced back.
Once your employer suspects you’re the relator, retaliation risks spike dramatically. Silence can be a form of self-protection.
Get Legal Counsel Early
An experienced whistleblower attorney is not just a litigator—they’re a shield. Before you make any report to the government or gather evidence, talk to counsel who regularly handles FCA or whistleblower retaliation cases.
A good lawyer will:
- Assess whether the facts fit the False Claims Act or a state FCA.
- Advise how to document fraud without breaking confidentiality laws.
- File the qui tam complaint under seal and handle communications with DOJ.
- Help you preserve retaliation claims if your employer acts against you.
- Negotiate or litigate for reinstatement and double back pay under § 3730(h).
Retaliation claims can be filed in the same action as the qui tam case or separately. But timing and procedure matter—missing a deadline or disclosing too much to the employer can complicate both cases.
Recognize The Early Signs Of Retaliation
Most retaliation starts subtly. Supervisors who once praised you suddenly find fault. You’re left out of meetings, denied resources, or reassigned to “non-critical” roles. Document each instance.
If it continues, have your attorney send a notice letter reminding the company of its obligations under § 3730(h) or equivalent state laws. Sometimes the reminder alone stops further retaliation.
If it doesn’t, your lawyer can file a retaliation claim seeking:
- Reinstatement to your previous position
- Double back pay and interest
- Compensation for special damages (emotional distress, attorney fees, reputational harm)
Courts take these provisions seriously; retaliation verdicts often exceed the fraud recovery itself.
Don’t Sign Away Your Rights
Employers facing a whistleblower may try to neutralize you through “performance improvement plans,” severance offers, or confidentiality agreements. Don’t sign anything without counsel.
Severance agreements often contain waivers of claims under § 3730(h) or state law. Others include non-disparagement or non-cooperation clauses that can conflict with your duty to assist the government. Courts have voided such clauses, but they can still create expensive battles.
The smarter approach is to let your attorney negotiate terms that explicitly preserve your whistleblower and retaliation rights.
Maintain Professionalism
Whistleblowers who lose their cool—yelling at supervisors, deleting files, or taking patient records—give employers ammunition. Keep doing your job to the best of your ability. Courts look favorably on employees who stay professional even under pressure.
Your composure is part of the evidence. It shows you weren’t a “disgruntled employee,” but someone acting out of integrity.
Use The Right Channels If Things Go South
If retaliation occurs, you can:
- File a retaliation claim in federal court under § 3730(h);
- File under an applicable state false claims act (many mirror federal protections);
- Or, if you work in healthcare or financial services, pursue additional remedies under HIPAA, OSHA, or Sarbanes-Oxley whistleblower statutes.
Your attorney can determine the fastest and most strategic path.
Remember: You’re Not Alone
DOJ statistics show that whistleblower-initiated FCA cases account for the majority of recoveries—over $2 billion a year. Behind those numbers are individuals who took personal and professional risks to expose fraud. Many faced retaliation; many prevailed.
The law is on the whistleblower’s side, but the protection only works if you use it wisely. Stay calm, document everything, get legal help early, and don’t underestimate how quickly a company can turn on you once the truth starts to surface.
