Prohibited actions by employers; remedies

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  • (a) An employer may not make, adopt, or enforce any rule, regulation, agreement or policy preventing an employee, contractor or agent from disclosing information to a government or law enforcement agency or from acting in furtherance of a false claims action, including investigating, initiating, testifying, or assisting in an action filed or to be filed under section 3504.

  • (b) An employer may not discharge, demote, suspend, threaten, harass, deny promotion to, or in any other manner discriminate against an employee in the terms and conditions of employment because of lawful acts done by the employee on behalf of the employee or others in disclosing information to a government or law enforcement agency or in furthering a false claims action, including investigation for, initiation of, testimony for, or assistance in, an action filed or to be filed under section 3504.

  • (c) An employer, contractor or agent who violates subsection (b) is liable for all relief necessary to make the employee whole, including reinstatement with the same seniority status that the employee would have had but for the discrimination, two times the amount of back pay, interest on the back pay, compensation for any special damage sustained as a result of the discrimination, and, where appropriate, punitive damages. In addition, the employer shall pay litigation costs and reasonable attorneys’ fees. An employee, contractor or agent may bring an action in the Superior Court for the relief provided in this subsection.

  • (d) An employee, contractor or agent who is discharged, demoted, suspended, harassed, denied promotion, or in any other manner discriminated against in the terms and conditions of employment by the employer because of participation in conduct that directly or indirectly resulted in a false claim being submitted to the Government is entitled to the remedies under subsection (c) only if the employee, contractor or agent disclosed information to a government or law enforcement agency or acted in furtherance of a false claims action, including investigation for, initiation of, testimony for, or assistance in an action filed or to be filed or made other lawful efforts to stop a violation of this subchapter.


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