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Whistleblower & Qui Tam Claims in McAllen, TX

Our Qualified Employment Law Attorneys Can Help

A whistleblower is an employee who identifies an employer’s unlawful activity in the workplace. The activity may consist of corruption, illegality, mismanagement, and other wrongful practices. Employees who file whistleblower claims are protected by the Whistleblower Protection Act (WPA).

Whether you are interested in filing a whistleblower claim or experiencing retaliation for whistleblowing, our McAllen employment attorneys at Guerra & Farah, PLLC can provide experienced legal advice and representation. We can evaluate the strengths, weaknesses, and risks of your potential whistleblower case and help you protect your rights, reputation, and anonymity. We understand such a task can be daunting, which is why we are prepared to help you get the most favorable outcome.

What Types of Illegal Activities Qualify for Whistleblower Protection?

There are a wide variety of federal and state laws that protect whistleblowers. For instance, the False Claims Act (FCA) protects employees who are retaliated against for disclosing unlawful activity to the government. There are several whistleblower provisions—administered by the Department of Labor—that protect workers who disclose information about violations in various job industries, such as trucking, airlines, railroad, and even energy. Federal laws also protect those who disclose information related to banking and securities fraud.

Common examples of whistleblower claims include:

  • Violation of law, rule, or regulation
  • An abuse of authority
  • Gross waste of funds
  • Gross mismanagement
  • Danger to public health and safety

What is a Qui Tam Claim?

The thirteenth-century Latin term “qui tam” means “he who sues on behalf of the king and for himself.” But in today’s society, this means a person who files suit against another person or corporation for defrauding the U.S. government. The False Claims Act allows private individuals—who are not affiliated with the federal government—to file a lawsuit for violations for under this law on behalf of the government.

The individual who files a qui tam claim does not need to have been personally harmed or injured by the defendant’s actions. Instead, the person has a legal standing to sue by way of a partial assignment.

Filing a Whistleblower Claim

It is critical to take the right steps in filing a claim. First, you must get documentary evidence of the unlawful wrongdoing in question. This can include emails, billing records, internal studies, or test results.

Once you have enough evidence to support your claim, you must file a complaint in court and also submit it to the government, which includes a disclosure statement regarding the details of the alleged wrongdoing. Next, the government will investigate the claim and the complaint will remain sealed for 60 days. If the government chooses to bring a case, you may be asked to testify at trial or a grand jury proceeding.

To learn whether you have grounds for legal action, contact us for more information today.

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