Athena Construction Whistleblower Can Advance Retaliation Claim

A whistleblower can continue to allege that Athena Construction Group Inc. violated the False Claims Act by retaliating against him even though the alleged acts occurred post-employment.

Former Athena employee William Smith adequately alleged that his former employer filed lawsuits against him in retaliation for calling attention to the construction management company’s alleged fraudulent certification to win HUBZone contracts, Judge Amit P. Mehta of the US District Court for the District of Columbia said Wednesday.

The HUBZone program provides federal contracting assistance for qualified businesses in historically underutilized business zones. According to Smith, Athena fraudulently obtained work under federal contracts ...