Protected Activity

One of the first questions we hear from potential whistleblowers concerned about retaliation is: “What exactly counts as protected activity?” Understanding this term is crucial for anyone considering pursuing a whistleblower action.

Protected activity refers to actions taken by an employee to expose, oppose, or report illegal or unethical conduct—particularly fraud against the government. Under the False Claims Act (FCA) and other similar statutes, employees may not lawfully be fired, demoted, or harassed by their employer as a result of engaging in protected activity.

Protected activity under the FCA doesn’t just mean filing a lawsuit. It can include reporting fraud internally, cooperating with government investigators, or even raising concerns about compliance violations. Courts have interpreted this concept broadly to ensure that employees who try to do the right thing are not punished for it. Other whistleblower statutes have their own definitions of protected activity.

In the healthcare setting, examples might include a nurse questioning improper Medicare billing, a billing manager flagging suspicious claims, or a physician refusing to accept illegal kickbacks.

At Barrett Johnston, we emphasize that recognizing protected activity helps employees act confidently and lawfully. It’s one of the strongest deterrents to retaliation—and one of the reasons whistleblower law works.