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Whistleblower/Qui Tam

San Jose Whistleblower Claim Attorneys in San Jose

Filing a Qui Tam Lawsuit? Habbas & Associates Is Here to Help.

At Habbas & Associates, we have guided countless clients to successful legal solutions. Whistleblower claims are complex, and require a detailed knowledge of state and federal laws. If you discovered fraud by your employer or by another organization against the government, you have the legal right to file a qui tam lawsuit. Our San Jose whistleblower claim lawyers will guide you through the process.

What Is Whistleblowing?

A "whistleblower action" occurs when an employee of a company reports on illegal or fraudulent actions by employers or government organizations. Many of these whistleblower employees are not looking to anger their organizations, but instead are trying to do the right thing. This is why the law protects them from retaliation. When these whistleblower protections are violated, the employee can often pursue compensation from the employer.

For example, if you work at an industrial manufacturing plant, and you discover that your boss is dumping toxic materials into a nearby reservoir, you have the right to report the matter and hold your employer accountable in court. Violations of tax laws, securities laws, and environmental laws, as well as fraud related to the health care industry (mainly Medicare and Medicaid), are common grounds for whistleblower complaints.

Call Habbas & Associates at (888) 387-4053 or fill out an online form to get your free consultation today!

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Whistleblower & Qui Tam Actions

The government offers whistleblower protections to encourage employees who know their company is willfully breaking the law to come forward. Often when this happens, employees still find themselves being retaliated against by their employer (likely due to the legal consequences they face). Sometimes this results in a firing but—because employers know that retaliation is against the law—more subtle forms of retaliation are also common, as well.

Workplace retaliation can include:

  • Termination
  • Transfer to other locations
  • Withheld promotions
  • Withheld assignments/opportunities
  • Exclusion from company/social events
  • Forms of harassment

Diligent Representation for Qui Tam Lawsuits

Qui tam claims are filed against private companies and businesses that are committing fraud against the U.S. government. These claims are brought under the False Claims Act (FCA), which was originally enacted in 1863 to address the widespread corruption following the Civil War. Since then, it has been strengthened and revised, and now protects whistleblowers who act in good faith.

Once filed, a qui tam claim is considered “under seal” for 60 days to allow the government to investigate the claim and decide whether or not to get involved. This time period may be extended up to several years. Even if the government chooses not to get involved, you can still file the action and pursue a settlement. In qui tam claims, the person filing, known as a relator, is entitled to a percentage of the final settlement. If the government takes over the action, you may be entitled to 15-20%. However, if the government does not get involved, you may be entitled to 25-30%.

If found guilty, defendants in a qui tam lawsuit may face a variety of penalties:

  • Up to $10,000 per claim
  • Up to 3 times the amount of unlawfully obtained money
  • Punitive damages (in extreme cases)
  • Attorneys’ fees and court costs for all parties

Qui tam claims may only be filed for fraud against the government. However, FCA claims do not cover tax fraud, because these cases are handled by the Internal Revenue Service (IRS). Grounds for qui tam claims include failing to report government overpayments, billing the government for goods or services not delivered, falsely certifying a written contract, double billing for the same good or service, and misrepresenting costs associated with quality or performance.

Call Habbas & Associates Today at (888) 387-4053 for Efficient Representation

Habbas & Associates is committed to pursuing justice in whistleblower and qui tam claims. If you discover that your employer is violating the law, or that a company is defrauding the government, we will discuss your options for filing a lawsuit. Our San Jose whistleblower claim attorneys will gather evidence and tenaciously represent you throughout the process. 

Contact us today to discuss your case with one of our knowledgeable San Jose whistleblower claim lawyers.

They do everything possible to help you get through tough times.
Daniel L.

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