Takeaways

• The risk of FCA retaliation complaint is rising as courts broadly interpret protected activity (including internal complaints), heightening employer exposure and underscoring the need for strong compliance and anti-retaliation programs.
• The first 72 hours after a complaint are critical. Employers should separate investigations from employment decisions, assign roles early, preserve evidence, and assess timing and comparators to reduce litigation risk.
• Recent case law reinforces the importance of complaints signaling potential fraud on the government to qualify for FCA protection, providing a key defense for employers.

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Article

Employers are seeing an increase in False Claims Act (FCA) retaliation claims stemming from what claimants often characterize as adverse action because of purported whistleblowing. In many cases, these actions are taken as a result of non-discriminatory business decisions.

The FCA is the federal government’s primary civil enforcement tool for combating fraud, imposing liability on any person who knowingly submits, or causes the submission of, a false or fraudulent claim for payment to the government.

The risk of FCA retaliation claims continues to increase, driven by a rise in the number of claims and the size of recoveries. The Department of Justice reported that in the fiscal year ending Sept. 30, 2025, FCA settlements and judgments totaled approximately $6.8 billion, with the healthcare sector accounting for $5.7 billion...

Read Full Story: https://news.google.com/rss/articles/CBMiqwFBVV95cUxPVG56OHdNQzEyQWdubzRSUDF3...