Should I Tell my Employer or Anyone Else About the Fraud?

Before you raise concerns about the alleged fraud with the employer, it is important to talk with your qui tam lawyer.

One reason to inform the employer would be to determine whether the fraud is being committed intentionally and/or whether there is a valid reason for the suspected improprieties. Another reason would be to bring you within the protection of section 3730(h) of the statute and/or other applicable whistleblower protection provisions. A drawback to informing is that the employer might retaliate. You should weigh the pros and cons with counsel and make a determination of what to do.

You should never discuss the alleged fraud with others, or disseminate information about it. Doing so may create a public disclosure bar to a later qui tam suit or inspire co-workers or others to file their own qui tam actions, thereby barring your case. Moreover, you should not announce the filing or contemplated filing of a qui tam action to your employer, as by tipping them off you could inadvertently prejudice the government’s investigation as well as violate the seal provisions of the statute.

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