The Southern District of Illinois has ruled the updated retaliation provision in the False Claims Act means immediate supervisors cannot be held individually liable for retaliation, according to a report from law firm McGuireWoods.
The case that led to the ruling, Russo v. Broncor, Inc, et al., was a lawsuit against both the company and its president alleging unlawful termination of an employee for identifying potential False Claims Act violations, according to the report.
The court ruled the removal of the phrase “by his or her employer” from the retaliation clause of the False Claims Act in 2009 was intended to expand coverage to a company’s contractors or agents, not open the door for individual liability of supervisors, according to the report.
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