Mass False Claims Act

If you’re an employee in Massachusetts and have information related to potential claims against your employer, you may be protected under the Massachusetts False Claims Act (MFCA). This law provides important protections for whistleblowers who report fraudulent activity, waste, or abuse of government funds by their employers. In this blog post, we’ll discuss the MFCA in more detail, including what it covers and how it can protect you from wrongful termination and retaliation.  We’ll also dive into how you might get a relator award for bringing forward the information.

What is the Massachusetts False Claims Act?

The Massachusetts False Claims Act is a state law that allows whistleblowers to sue their employers for defrauding the government. Under the MFCA, individuals who have information about false claims made against the state or local government can file a lawsuit on behalf of the government. This is known as a qui tam lawsuit. If the lawsuit is successful, the whistleblower may be entitled to a percentage of the damages awarded to the government.

What does the Massachusetts False Claims Act cover?

The MFCA covers a wide range of fraudulent activity, including:

• Falsely certifying compliance with government regulations or contractual requirements
• Submitting false or inflated invoices or claims for payment
• Falsely reporting hours worked, goods delivered, or services rendered
• Using government funds for personal gain or non-governmental purposes
• Any other action that defrauds the government

It’s important to note that the MFCA only applies to claims made against the state or local government, not the federal government. However, there are federal laws, such as the False Claims Act, that provide similar protections for whistleblowers who report fraud against the federal government.  We’ll post about that separately.

How does the Massachusetts False Claims Act protect whistleblowers?

The MFCA provides several important protections for whistleblowers who report fraudulent activity, waste, or abuse of government funds by their employers. These protections include:

• Anti-Retaliation: Employers are prohibited from retaliating against employees who report fraudulent activity or file a qui tam lawsuit under the MFCA. This includes actions such as termination, demotion, or harassment.
• Whistleblower Rewards: If the qui tam lawsuit is successful, the whistleblower may be entitled to a percentage of the damages awarded to the government. This reward can range from 15-25% of the total damages recovered.  More about this below.
• Legal Representation: Whistleblowers may be represented by their own attorney in their qui tam lawsuit, and the government may also choose to intervene and take over the case on behalf of the whistleblower.

What are relator awards under the Massachusetts False Claims Act?

A relator is a person who files a qui tam lawsuit under the MFCA on behalf of the government. If the lawsuit is successful, the relator may be entitled to a relator award, which is a percentage of the damages recovered by the government. In Massachusetts, relator awards range from 15-25% of the damages recovered, depending on the extent to which the relator contributed to the prosecution of the lawsuit.

It’s important to note that relator awards are not automatic, and the court has discretion in determining the amount of the award. Factors that may be considered in determining the relator award include the significance of the information provided by the relator, the degree of participation in the investigation and prosecution of the case, and any adverse consequences suffered by the relator as a result of the lawsuit.

What should you do if you think you have a claim under the Massachusetts False Claims Act?

If you believe that your employer has defrauded the state or local government, or if you have information related to potential false claims, it’s important to speak with an experienced whistleblower attorney as soon as possible. Your attorney can help you determine whether you have a claim under the MFCA and can guide you through the process of filing a qui tam lawsuit. Your attorney can also help you navigate the complex legal landscape of whistleblower protection and retaliation, ensuring that you are fully informed of your rights and protected against any unlawful retaliation by your employer.

Conclusion:

The Massachusetts False Claims Act provides important protections for whistleblowers who report fraudulent activity, waste, or abuse of government funds by their employers. If you believe that you have information related to potential false claims made against the state or local government, it’s important to speak with an experienced whistleblower attorney who can guide you through the process of filing a qui tam lawsuit and protect you against any unlawful retaliation by your employer. Remember, by reporting fraudulent activity, you are helping to protect taxpayer dollars and very often serious threats to public safety.