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anti-retaliation provision

False Claims Act Retaliation Decision Calls into Question the Heightened Burden for Employees Whose Duties Include Compliance and Fraud Investigation

[11/21/23]

Posted on November 21, 2023 in False Claims Act Defense, Health Law News, HR Insights for Health Care

Published by: Hall Render

The United States District Court for the Eastern District of Wisconsin recently issued a decision involving protections for employees whose jobs involve the investigation of fraud. The case, brought under the anti-retaliation provision of the False Claims Act (“FCA”), is available here. Since 2009, the FCA’s anti-retaliation provision,(codified at 31 U.S.C. § 3730(h)(1)), has provided... READ MORE

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First Circuit: ‘But For’ Standard Controls Whistleblower Retaliation Claims

[12/17/20]

Posted on December 17, 2020 in False Claims Act Defense

Published by: Hall Render

The First Circuit ruled that an employer would not have acted against a whistleblower ‘but for’ their engaging in conduct the FCA protects. It joined other circuits that have found the FCA’s statutory protections much like other federal employment statutes. Background In this case[1], the Defendant is a medical device company that had several... READ MORE

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