Former Whistleblowers: Why the False Claims Act's Anti-Retaliation Provision Should Protect Former Employees

Since the Civil War, False Claims Act has served as a tool to combat fraud perpetrated against government. Early by government contractors during War was quaint: selling same horse twice or filling Union Army contract for sugar with sand. Today, recovers billions of dollars annually through actions under FCA. Essential FCA’s functioning are “relators,” private citizens who serve whistleblowers incentivized report receipt percentage whatever amount in damages. The relies on relators blow whistle fraud—over two-thirds FCA recoveries since 1986 come from cases brought whistleblowers. So important these that Congress amended and included an anti-retaliation provision provide relief employees experience retaliation their employers reporting fraud. This Note discusses recent circuit split over whether protects former post-termination employers, arguing extends employees. In favor more inclusive definition “employee” provision, this explores history purpose FCA, legislative arguments inclusion provision’s protections. Finally, calls Supreme Court intervention congressional action clarify retaliation.