There has been a growing amount of litigation under the False Claims Act in recent years, with many more cases being brought by current or former employees against their companies. Therefore, organizations should have prevention strategies in place to help mitigate the risk of FCA litigation brought forth by anyone who works or has worked for them.
The following are a few important mechanisms you may use in your risk management practices:
- Compliance plans: Having a functional, active compliance plan in place is absolutely imperative. Such a plan helps to present your approach to compliance issues in an easily understood way. This plan should be updated at least once a year to account for any new developments in the law and within your organization, and should affect everyone in the company from the top down.
- Internal investigations: If your compliance plan is actually doing its job, at some point you will likely receive complaints on which you will need to follow up. You should have a comprehensive system for investigating compliance issues and review all complaints on at least a quarterly basis. You might have a compliance committee within your company, with one designated person to investigate a given issue. All of the investigation processes and the outcome should be documented in detail.
- Exit interviews: Any time you have an employee leaving your company, an exit interview can help you to prevent FCA issues in the future. Employees on their way out of your company will likely be more open about any compliance concerns they have, and will also be more willing to give you completely honest feedback about other aspects of your organization.
What steps is your company taking to reduce its risk of suffering False Claim Act issues? For further guidance, contact the trusted Dallas attorneys at Whistleblower Law for Managers.