In Massachusetts, honesty and integrity in the workplace are not just valued—they are protected by law. Employees who have the courage to speak out against illegal or fraudulent activities by their employers are known as whistleblowers, and they play a critical role in safeguarding public funds and public trust. However, the fear of retaliation can make this a daunting decision.
If you are a Massachusetts employee who has witnessed wrongdoing, you should know that you do not have to choose between your conscience and your career. A strong network of state and federal laws protects you from retaliation and may even provide you with a financial reward for your information. The Massachusetts class action attorneys at Saltz, Mongeluzzi, & Bendesky are committed to defending these courageous individuals.
What is a Whistleblower?
A whistleblower is an employee who reports information about conduct that they reasonably believe is a violation of law, a misuse of funds, or a danger to public health and safety. This can cover a wide spectrum of misconduct, including:
- Healthcare Fraud: Overbilling MassHealth (the state’s Medicaid program), providing unnecessary medical services, or paying kickbacks for patient referrals.
- Government Contract Fraud: Companies overcharging the state for goods or services, or failing to meet contract specifications.
- Financial and Securities Fraud: Misleading investors or violating state and federal securities laws.
- Workplace Safety Violations: Ignoring safety regulations that put workers or the public at risk.
The Massachusetts False Claims Act: A Powerful Tool for Whistleblowers
Modeled after the federal False Claims Act, the Massachusetts False Claims Act is one of the most powerful legal tools for whistleblowers in the Commonwealth. It allows a private citizen to file a lawsuit—known as a “qui tam” action—on behalf of the state against any person or company that has defrauded the government.
To encourage and reward whistleblowers, the law provides that if the lawsuit is successful, the whistleblower (known as the “relator”) is entitled to a significant portion of the money recovered by the state—typically between 15% and 30%.
This law has been instrumental in recovering hundreds of millions of dollars for Massachusetts taxpayers and has held numerous companies accountable for their fraudulent schemes.
Comprehensive Protection Against Retaliation
Both the Massachusetts False Claims Act and the Massachusetts Whistleblower Act provide strong protections against retaliation. It is illegal for your employer to fire, demote, suspend, harass, or otherwise discriminate against you for engaging in protected whistleblower activity.
If you have been retaliated against, you can file a lawsuit to seek remedies that may include:
- Reinstatement to your job
- Double your lost back pay
- Compensation for emotional distress
- Payment of your attorney’s fees and costs
These protections are designed to ensure that employees can come forward without fear of losing their livelihood.
Your Trusted Partner in Boston and Across Massachusetts
The decision to blow the whistle is a significant one that requires careful legal guidance. The laws are complex, and it is crucial to have an experienced attorney on your side to ensure your rights are protected and your claim is filed correctly.
The Boston-based whistleblower attorneys at Saltz, Mongeluzzi, & Bendesky understand the high stakes involved in these cases. We will work with you to evaluate your claim, protect you from retaliation, and fight to secure the maximum possible reward for your courage.
If you have knowledge of fraud against the state or federal government, contact us today for a free, completely confidential consultation. Let us help you stand up for what is right.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. The information contained herein is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act or refrain from acting based on this information without seeking professional legal counsel.