Railway infrastructure is crucial to the economy and security of the United States. Therefore, the federal government invests heavily in the establishment and maintenance of railroad lines. Numerous companies bill the federal government for installation and maintenance services related to railway infrastructure.
Thousands of professionals work on projects intended to make rail transportation as safe and reliable as possible every year. Occasionally, those workers may become aware of discrepancies between the claims made by their employers and the services actually provided. In that difficult situation, railroad workers may decide to become whistleblowers or relators. Relators are employees who pursue qui tam lawsuits initiated on behalf of the government based on inappropriate billing practices. Those workers endanger their careers, reputations and income.
How does the government compensate workers for taking that risk?
With a portion of the proceeds
In a successful qui tam lawsuit, the government secures repayment from the company that builds improperly for services. The relator receives a portion of the proceeds from the successful lawsuit. If the government reviews a pending qui tam lawsuit and intervenes, the relator can receive between 15 and 25% of the amount recovered by the litigation, if it proves successful. If the government declines to intervene, the worker must choose whether to proceed. If they do and they prevail, they may receive between 25 and 30% of the amount recovered, in addition to reasonable expenses and lawyer’s fees.
With protection from retaliation
Whistleblowers have explicit protection under federal statutes if employers penalize them for reporting misconduct, bringing attention to issues internally or filing a qui tam lawsuit. Retaliation can look like termination, blackballing or demotion. In any of those scenarios, the employee may be able to take legal action against the business or inappropriate whistleblower retaliation. Railroad workers perform services that are crucial to the safety and economic stability of the United States. It is incumbent upon them to speak up when they notice something inappropriate happening with the company that employs them.
Becoming a whistleblower by calling attention to false billing claims is often a nerve-wracking decision, but it is generally the right thing to do. Whistleblowers who understand the protections and benefits extended to those who report misconduct may feel less conflicted about doing the right thing.
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