The Illinois Whistleblower Act provides employees expanded protection against retaliation. Here's a summary of this important employee protection.

The federal False Claims Act (FCA) is the most feared whistleblower law in the United States. Persons with personal knowledge of a fraud on the federal government can report it through the FCA’s procedures. If the government collects from the fraudulent contractor, the whistleblower shares in the proceeds.

The law contains a qui tam provision which permits “original sources” (whistleblowers) to file suit under seal (secretly) on behalf of the U.S. to recover damages incurred by the federal government as a result of contractor fraud or other false claims. The whistleblower is entitled to a significant portion of the proceeds, if there is a recovery. The whistleblower must comply with the specific procedures of the FCA to be eligible for a monetary award.

The FCA also contains an anti-retaliation provision prohibiting the discharge or harassment of a whistleblower who acts in furtherance of making protected disclosures or filing a qui tam suit. Section (h) permits the whistleblower to file a wrongful discharge suit for double back pay, other damages, and attorney's fees.

Illinois has a similar False Claim Act. Also, Illinois law allows whistleblowers to bring lawsuits on behalf of private insurers and receive a percentage of the recovery. Chicago has also adopted its own false claim law.

Revised: 12/27/2011