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Whistleblower and Qui Tam

Protecting Whistleblowers in New York and New Jersey

Employees who report wrongdoing in the workplace run a serious risk of retaliation by their employers. At Kaiser Saurborn & Mair, our attorneys represent employees with claims for wrongful termination or unlawful retaliation based on their status as whistleblowers. The Firm advises clients with whistleblower claims about the best ways to protect their rights and interests, whether through negotiated severance or civil litigation.

Your Rights as a Whistleblower Depend in Part on Where You Work

New Jersey's Conscientious Employee Protection Act (CEPA) defines a broad range of protected activity for employees, and sometimes even independent contractors and consultants, who report unsafe or illegal actions in the workplace or within a corporation. Recent amendments to CEPA have expanded the protection to New Jersey whistleblowers, but New York still has no statute that shelters employees in general from adverse employer action for reporting unlawful conduct.

Some employees qualify for protection under federal law. For example, the Sarbanes-Oxley Act will support a claim of retaliation for whistleblowers who report inaccuracies in a publicly-traded company's reports. The Firm recently won a ruling that extended the application of Sarbanes-Oxley to an Irish national working in France for the U.S. subsidiary of an overseas corporation.

Our lawyers won a $7.6 million verdict in favor of two New York hospital administrators found in federal court to have been fired for reporting Medicare and Medicaid fraud.

The Firm's experience with whistleblower claims under state and federal law can help you determine whether the reporting activity and underlying illegal conduct will support legal action on your behalf. Our ability to identify the most effective ways to vindicate your rights and in what forum represents an especially valuable asset of our practice.

The Firm Also Represents Clients With Federal Qui Tam Claims

Though not strictly speaking an employee rights claim, an action under the federal False Claims Act, also known as a qui tam claim, provides an opportunity for a private individual to report fraud and collect a portion of the amount recovered by the government for fraudulent contracting practices in such sectors as defense, housing, education or health care.

By providing a positive incentive for the individuals most likely to know of unlawful or deceptive practices in government contracting, the False Claims Act has proved to be an effective deterrent for systematic or institutional fraud against the government. Because the Act's provisions can be technical and cumbersome, the advice of counsel can help protect an individual's ability to recover on a qui tam claim.

Kaiser Saurborn & Mair advises clients about whistleblower and qui tam claims in New York and New Jersey.