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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118061
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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just got fired from job yest. with knowledge of probable medicare

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just got fired from job yest. with knowledge of probable medicare fraud. in trying to point out concern fri, was released tues. is there possible restitution and stopping of this from company?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If you have proof of medicare or medicaid fraud and you do file a report of this fraud and such fraud is indeed discovered, then as the party who made the report you are entitled to a "reward" in the form of compensation up to the amount of money they found was being defrauded. This is called a "qui tam" action and it does require an attorney to represent you (one of the few suits where it is mandatory to have an attorney).

The first thing you have to do is file your complaint with the state medicare office or attorney general's office and get an investigation started. Only if the investigation is substantiated and fraud is found are you then able to seek to recover under the qui tam action.

As far as recovering from the company, absent any written contract to the contrary, you were an at will employee and in order to have grounds to sue the employer for wrongful termination you must prove you reported the medicare fraud to them before they terminated you and that you were terminated based on your reporting of such fraud (or at least circumstantial evidence that the termination was based on that reporting of fraud) as then it would be considered a retaliatory discharge and that is a claim you would first file with the EEOC and they have to issue a right to sue letter.

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