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Jury Finds Employer Didn’t Retaliate Against Worker who Filed Complaint

November 3, 2022

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Ajury returned a verdict for an employer, a subsidiary of a publicly traded life sciences company, finding that a former employee did not meet his burden of proving he was terminated in retaliation for engaging in False Claims Act (FCA)-protected activity.

A sales manager alleged that he was terminated in retaliation for making a complaint under the FCA. The employer maintained that the plaintiff did not make a FCA complaint, and he was terminated due to poor sales performance after being suspended by two hospital systems for misconduct.

In order for the plaintiff to prevail on his FCA retaliation claim, he had to prove by a preponderance of the evidence that:

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