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On March 31, 2021, the Sixth Circuit addressed an issue of first
impression in the circuit, holding that the False Claims Act s
( FCA ) whistleblower protection provisions protect
former employees from post-employment retaliation.
Background
Plaintiff was employed as a doctor at a Michigan hospital. He
filed a qui tam action against the hospital alleging that it was
paying kickbacks to various physicians and physicians groups
in exchange for patient referrals. Plaintiff also claimed that the
hospital terminated his employment and then maligned him in
retaliation for his reports of illegal conduct, thus undermining
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On April 15, 2021, the SEC announced payment of more than $50 million to
joint whistleblowers who provided the SEC with information that
resulted in the return of tens of millions of dollars to harmed
investors.
Jane Norberg, Chief of the SEC s Office of the
Whistleblower, noted that this award is the second largest in
the history of the SEC s whistleblower program (following
only the record-breaking $114 million award announced in October 2020),
and reflects the tremendous contribution of these joint
whistleblowers to our ability to recover funds for harmed
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