The FCA provides protections for whistleblowers in connection with their whistleblowing activities. To establish that an employer retaliated against an employee in violation of 31 U.S.C. § 3730(h), an employee must demonstrate that:
- The employee engaged in protected activity.
- The employer knew that the employee was engaged in protected activity.
- As a result of the above, the employee was discriminated against.
Definition of FCA Retaliation “Protected Activity”
Prior to 2009, “protected activity” was defined as employee conduct “in furtherance of an action under this section, including investigation for, initiation of, testimony for, or assistance in an action filed or to be filed under this section.”