The lawyers and attorneys at our firm are also offering free consultations to individuals who know of wrongdoing that falls under the jurisdiction of state False Claims Acts and Whistleblower laws. Many states have their own Whistleblower laws that provide for protection and compensation for Whistleblowers. In these states, Whistleblower lawsuits are filed when the state or local government is defrauded. Common examples of this are Medicaid fraud and contractor fraud. The Whistleblower lawsuit lawyers at our firm have a vast array of knowledge of state Whistleblower laws and False Claims Acts.
State False Claims Acts
Twenty three states have their own version of the False Claims Act. These states include Arkansas, California, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Louisiana, Massachusetts, Michigan, Missouri, Montana , Nevada, New Hampshire, New Jersey, New Mexico, New York, Oklahoma, Rhode Island, Tennessee, Texas, and Virginia – as well as the District of Columbia. In these states, Whistleblowers can recover money against defendants who commit fraud against state and local governments. Our Whistleblower lawsuit lawyers have successfully pursued several cases brought under state laws against companies and individuals defrauding state and local government agencies.
Each state’s False Claims Act varies, so it is important to retain a Whistleblower lawsuit lawyer who is knowledgeable in the area of state Qui Tam lawsuits. In Arkansas and Missouri, a Whistleblower may receive a reward for providing information that leads to the recovery of state funds although these states do not allow Whistleblowers to file Qui Tam lawsuits. In Arkansas, Georgia, Louisiana, Michigan, Missouri, New Hampshire, and Texas, state False Claims Laws apply only to fraud involving Medicaid or other state healthcare funds. The False Claims Acts of California, Delaware, Florida, Hawaii, Illinois, Indiana, Massachusetts, Montana, Nevada, New Jersey, New Mexico, New York, Oklahoma, Rhode Island, Tennessee, Virginia, and the District of Columbia apply to fraud involving a broad range of state-funded programs, including Medicaid.
State Whistleblower Laws
Some states have explicit statutory protections for Whistleblowers. These include: California, Connecticut, Delaware, Florida, Hawaii, Louisiana, Maine, Michigan, Minnesota, Montana, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oregon, Rhode Island, Tennessee, and Washington.
There are also state laws that offer special protections just for their own state or local government employees who become Whistleblowers. These states include Alaska, Arizona, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Missouri, Montana, Nevada, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Washington, West Virginia, and Wisconsin. Our Whistleblower lawyers keep up-to-date on all state Whistleblower laws, and are uniquely qualified to help Whistleblowers at the state level.
State Exceptions to Employment At Will Policy
Some states and the District of Columbia have recognized a public policy exception to the “employment at will doctrine”: The “employment at will doctrine” defines an employment relationship in which either party can terminate the relationship with no liability if there was no express contract for a definite term governing the employment relationship. In addition to the District of Columbia, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming have all recognized this exception. Our Whistleblower lawsuit lawyers understand state exceptions to the “employment at will doctrine” and can help Whistleblowers in states where the exception applies.
Federal Preemption of State Whistleblower Laws
When federal and state Whistleblower laws conflict, the federal laws preempt the state laws. Because states tend to have traditionally been responsible for employment issues, courts have been leery of finding preemption when it comes to Whistleblower statutes. However, in some instances they have found such preemption exists. The test seems to be whether the federal law concerns an area of strong enough federal concern that it did not leave room for state regulation. Our Whistleblower lawyers can help clients navigate the maze of state and federal Whistleblower laws to make sure their rights are preserved.
Other State Whistleblower Laws
Besides statutes protecting Whistleblowers in general, most states protect Whistleblowers in specific areas, such as employment of minors, abuse of children, nursing home violations, or wage and hour violations. Whether the Whistleblower is protected in a specific area depends on the state. Our Whistleblower lawsuit lawyers have successfully represented individuals involved in Whistleblower lawsuits involving many of these areas.
The states listed below have state whistleblower laws. You can view each states actual Qui Tam statute by clicking on the state name.
While there are great variations in state False Claims Acts and Whistleblower laws, most make it illegal for an employer to fire an employee for whistleblowing on the employer’s illegal conduct. Under the laws of most states, Whistleblowers are entitled to emotional distress and punitive damages. In general, to prove a violation of a Whistleblower law, the employee must show that 1) he or she engaged in statutorily-protected conduct; 2) the employer took adverse action against him or her; and 3) there was a causal connection between the protected activity and the adverse action. Our Whistleblower lawyers understand the intricacies of these state laws and will make sure that the rights of Whistleblowers we represent are well protected.
Legal Help for State Whistleblowers
If you or someone you know are aware of wrongdoing that you believe falls under the jurisdiction of a state False Claims Act or Whistleblower laws, our Whistleblower lawsuit lawyers want to hear from you. Please contact us by filling out our online form or by calling 1-800-LAW-INFO (1-800-529-4636).
Legal Help & Free Case Evaluation
If you are thinking of coming forward and blowing the whistle on your employer or another company, please fill out the form on our¬†Free Consultation page today! Our lawyers will evaluate your case confidentially and at no cost.
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