On notice (or not) – False Claims Act case reveals critical requirement

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Abstract: After an external audit turned up possible improprieties in the use of grant money, a business manager went over the Executive Director’s head and raised these concerns directly with the Board of Directors. She was later terminated. She sued, claiming that her termination violated the False Claims Act (FCA). However, whistleblowers must clarify their intentions to win FCA protection; this article shows why the Tenth Circuit concluded that she had not done so. McBride v. Peak Wellness Center, Inc., No. 11-8037, Aug. 6, 2012 (10th Cir.)