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Do You Need a Stimulus Whistleblower Lawyer?

  • Have you been the victim of unfair retaliation by your employer because you reported waste of stimulus funds?

  • Do you need to protect your career because you reported your employer’s fraud or abuse of stimulus funding?
  • Are your reputation and financial stability on the line because you did the right thing and spoke out?

On February 12, 2009 Congress passed the "McCaskill Amendment" to the American Recovery and Reinvestment Act, which includes robust protection for those who have reported waste of stimulus funds. The law ensures that employees of private contractors and state and local governments can disclose waste, fraud, gross mismanagement or a violation of law related to stimulus funds. The protections, contained in section 1553 of the Act, are quite similar to those provided to federal employees under the Whistleblower Protection Act. If you were fired illegally, the protections of the McCaskill Amendment may help you to get your job back.

The attorneys at The Employment Law Group® law firm are experienced in representing employees in numerous different types of claims against federal contractors, subcontractors, federal grant recipients, and sub awardees.

Our attorneys have represented researchers, executives, in-house counsel, doctors, nurses, Medicare billing specialists, accountants, and other employees in a wide variety of whistleblower claims involving fraud against the government. For example, our attorneys have:

  • Represented a client whose allegations that corporations defrauded the federal government resulted in a $57.75 Million False Claims Act settlement agreement.
  • Secured a $3.6 million judgment against a defense contractor under the False Claims Act’s qui tam provision.
  • Worked with the United States government to secure a $2.8 million settlement in a case involving allegations of healthcare fraud.
  • Obtained an $819,000 jury verdict in a False Claims Act retaliation case on behalf of a scientist whose contract wasn’t renewed after he raised questions about possible misuse of federal research grants.

 

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Important statutes in this area of law:

Notable TELG cases in this area of law:

  • United States ex rel. Angel v. Alliance Rehabilitation, LLC

    The Employment Law Group worked with the United States government to secure a $2.8 million settlement in a case involving allegations of healthcare fraud.

  • Oberg v. Nelnet, Inc.

    TELG Client Jon Oberg discovered that student lender Nelnet received improperly high payments on student loans. TELG filed a qui tam action under the false claims act and Nelnet eventually settled for $55 million.

  • Farrow v. NP Precision, Inc.

    The Employment Law Group, secured a $3.6 million judgment against a defense contractor under the False Claims Act’s qui tam provision.

  • Huang v. University of Virginia

    The Employment Law Group, P.C., secured an $819,000 jury verdict against the University of Virginia in a retaliation case brought under the False Claims Act.

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If you have suffered illegal retaliation under the McCaskill Amendment to the American Recovery and Reinvestment Act, you may be entitled to reinstatement in your job; back pay for lost wages; front pay for future lost wages; litigation costs and attorney fees; and other compensatory damages.

As with all legal claims, deadlines are crucial. While the protections created by the McCaskill Amendment to the American Recovery and Reinvestment Act do not have a statute of limitation, there are several laws such as the Sarbanes Oxley Act and False Claims Act that could provide overlapping protections to employees. Claims under the Sarbanes-Oxley Act and the False Claims Act must be brought within 180 days and 3 years, respectively.

Frequently Asked Questions

What sort of ARRA whistleblower protection does the McCaskill Amendment provide?

Examples of whistleblower activities protected under the Act include:

  • Reporting a gross mismanagement of an agency contract relating to American Recovery and Reinvestment Act (ARRA) stimulus funds
  • Reporting gross waste of ARRA stimulus funds
  • Reporting a substantial and specific danger to public health or safety
  • Reporting an abuse of authority related to the implementation or use of ARRA stimulus funds
  • Reporting what you reasonably believe to be a violation of a law, rule, ore regulation that govern an agency contract or grant related to stimulus funds.

To what types of entities can reports be made and still be protected?

Reports to the following persons and entities are protected:

  • A person with supervisory authority over you
  • State or federal regulatory or law enforcement agencies
  • Members of Congress
  • An inspector general of an agency that expends stimulus funds
  • The Comptroller general
  • The Recovery Accountability and Transparency Board

What sort of retaliation is prohibited?

The McCaskill Amendment to the American Recovery and Reinvestment Act prohibits several different types of adverse actions including:

  • Termination, discharge, or firing
  • Demotion
  • Suspension, threats, harassment, or other forms of intimidation
  • Failing to hire or promote
  • Any discriminatory action that would negatively impact the terms and conditions of the whistleblower’s employment

Is there a “duty speech” exception? Am I protected if I speak up while carrying out my ordinary duties?

Section 1553 of ARRA specifically protects “duty speech” whistleblowing, i.e., disclosures employees make in the ordinary course of performing their job duties.

If you have suffered illegal retaliation under McCaskill Amendment to the American Recovery and Reinvestment Act, you may be entitled to receive:

  • Reinstatement
  • Back pay for lost wages
  • Front pay for future lost wages
  • Compensatory damages
  • Litigation costs and attorney fees