Job Applicants Not 'Employees' Under FCA, 6th Circ. Says

Law360, New York (November 21, 2014, 5:49 PM EST) -- The False Claims Act's whistleblower protections don't extend to job applicants because they don't qualify as employees, the Sixth Circuit held, upholding the dismissal of a landfill manager's retaliation suit against EnergySolutions Inc. under the FCA and several environmental statutes.

A three-judge panel affirmed a summary judgment win for Salt Lake City-based nuclear services company EnergySolutions in a Nov. 18 published opinion that said Gary Vander Boegh's case — which accused EnergySolutions of declining to hire him because of whistleblower activity at a previous job — gave the appeals court its first chance to rule on whether the word "employee" covers...

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