False Claims Act Provides Protection for Current Employees, Not Former Employees

Employers found some relief in a recent Tenth Circuit case which ruled that “…the False Claims Act’s anti-retaliation provision unambiguously excludes relief for retaliatory acts which occur after the employee has left employment.” The ruling comes in the case Potts v. Center for Excellence in Higher Education, Inc., No. 17-1143 (10th Cir. Nov. 6, 2018) in which Debbi Potts filed a retaliation claim when her former employer brought a breach of contract claim against her. In her separation agreement with the organization, Potts agreed not to disparage the organization or file a complaint or grievance against them. Following her resignation, Potts did both. Find out the details and what it means to employers here.