Delaware False Claims Act and Whistleblower Laws

Delaware False Claims Act
 
The Delaware False Claims and Reporting Act is modeled after the Federal False Claims Act. It provides for qui tam lawsuits brought by whistleblowers and awards of between 15 and 30 percent of the total recovery.
 
Prior to 2009, the Delaware qui tam law contained provisions that limited the type of person who could bring an action (current employee, former employee or labor organization). It also limited the prosecution of a qui tam by a relator to those cases where the Attorney General determines there is substantial evidence of a violation after the Delaware AG has declined to intervene. These limitations were eliminated in July 2009.
 
The current version of the False Claims Act also offers whistleblowers protection from retaliation. It provides for the filing of an action in Superior Court for reinstatement, double back pay, interest and other compensation, including costs and reasonable attorneys’ fees.
 
A DE whistleblower with evidence of health care fraud in Medicare or Medicaid may also file a Federal False Claims Act lawsuit and seek recovery of the federal portion of government spending. The federal law permits rewards of between 15 and 30 percent of the recovery.
 
Other Delaware Whistleblower Laws
 
The Delaware Whistleblowers’ Protection Act has applied to both private sector as well as public employees since 2004. It is designed to protect employees reporting material violations of the law concerning health, safety or environmental hazards, as well as protect any person from fraud, deceit or misappropriation of funds. The law provides for such things as reinstatement, back pay, reinstatement of seniority, actual damages, attorneys’ fees and litigation costs, at the discretion of the court.
 
Delaware employees are also protected by a variety of federal whistleblower laws and programs which entitle them to compensation for retaliation and rewards for information that results in the successful recovery of monetary sanctions.
 
Special Disclaimers
 
Whistleblower laws are complex and contain many terms and conditions. These summaries are intended to be brief introductions to the law and not a detailed coverage of the intricacies of the law. For additional information about one of these laws, please contact our whistleblower lawyers at 1-800-590-4116.
 
Note: McEldrew Young attorneys represent whistleblowers under federal whistleblower reward programs established at the Justice Department, SEC, CFTC, IRS, NHTSA and other federal agencies. We selectively handle client cases involving state law retaliation issues where there is a corresponding claim for a federal or state reward. In certain states, we may do so through association with an employment lawyer licensed in the state where these acts happened because our lawyers are not barred in every state. We generally do not represent public sector (state employee) whistleblowers.