Whistleblowers protected under common law “public policy” tort.
Frequently Asked Questions
Does Colorado have a False Claims Act (FCA)?
Yes. Colorado has a False Claims Act and a False Medicaid Act. The Colorado FCA covers multiple frauds against the state, while the Medicaid law only pertains to healthcare fraud.
Do the Colorado laws have a whistleblower provision?
Yes, whistleblower suits can be brought under both the FCA and False Medicaid Act in Colorado. Whistleblowers may receive between 15 and 25 percent of the proceeds collected in the successful suit if the state intervenes, and between 25 and 30 percent if the state does not. These percentages may be reduced if the whistleblower is found to have planned or initiated the violation at hand.
Does Colorado recognize the public policy exception for wrongful termination?
Yes. A Colorado employee will have a claim for wrongful termination if such termination is contrary to a clear mandate of public policy.