Retaliation

At Barrett Johnston, one of the most common fears we hear from potential whistleblowers is: What if I lose my job? This concern goes to the heart of retaliation, a legal concept that protects employees who report fraud or misconduct.

Retaliation occurs when an employer takes adverse action against an employee because they engaged in protected activity, such as reporting fraud or filing a whistleblower lawsuit. Adverse actions can include firing, demotion, harassment, pay cuts, or blacklisting.

Under the False Claims Act, employees are explicitly protected from retaliation when they assist in efforts to stop fraud against the government. If retaliation occurs, the employee may be entitled to remedies like reinstatement, double back pay, and compensation for damages. Other laws, such as the Whistleblower Protection Act, Sarbanes-Oxley, and various state statutes, provide additional protections in different contexts.

Retaliation is unfortunately a real risk in the healthcare industry. Employees who raise concerns about billing practices or improper referrals often face intense pressure from their employers to stay silent. Some endure career setbacks that last years. This is why strong legal protections — and experienced counsel — are so critical.

At Barrett Johnston, we see retaliation protections as essential for encouraging whistleblowers to come forward. Without them, fraud would remain hidden, harming patients and taxpayers alike. Understanding your rights under retaliation law is the first step toward taking action safely.