Mass. Gen. Laws » Part I Title II Chapter 12
Massachusetts General Laws

Mass. Gen. Laws ch. 12, § 5J (2026)

Employers preventing employees from acting to further false claim actions; liability

✓ current as of July 2026
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Section 5J. (1) No employer shall make, adopt or enforce any rule, regulation or policy preventing an employee, contractor or agent from disclosing information to a government or law enforcement agency or from acting to further efforts to stop 1 or more violations of sections 5B to 5O, inclusive. No employer shall require as a condition of employment, during the term of employment or at the termination of employment that any employee, contractor or agent agree to, accept or sign an agreement that limits or denies the rights of such employee, contractor or agent to bring an action or provide information to a government or law enforcement agency pursuant to said sections 5B to 5O, inclusive. Any such agreement shall be void.

(2) An employee, contractor or agent shall be entitled to all relief necessary to make that employee, contractor or agent whole if that employee, contractor or agent is discharged, demoted, suspended, threatened, harassed or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, agent or a person associated with the employee, contractor or agent in furtherance of an action under sections 5B to 5O, inclusive, or other efforts to stop a violation of said sections 5B to 5O, inclusive.

(3) Notwithstanding any general or special law to the contrary, relief under paragraph (2) shall include reinstatement with the same seniority status the employee, contractor or agent would have had but for the discrimination, twice the amount of back pay, interest on the back pay and compensation for any special damages sustained as a result of the discrimination. In addition, the defendant shall be required to pay litigation costs and reasonable attorneys' fees. An employee, contractor or agent may bring an action in the appropriate superior court, the superior court of the county of Suffolk or any other appropriate court for the relief provided in this section.

(4) A civil action under this section may not be brought more than 3 years after the date when the violation of this section occurred.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2014–2023 · leading case: United States ex rel. Hagerty v. Cyberonics, Inc., 146 F. Supp. 3d 337 (D. Mass. 2015).
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United States ex rel. Hagerty v. Cyberonics, Inc., 146 F. Supp. 3d 337 (D. Mass. 2015). · cites it 3× “§ 3730 (h) (Count 31) and for wrongful termination and retaliation in violation of public policy and the Massachusetts False Claims Act, Mass. Gen. Laws ch. 12 § 5J (Count 33). On May 13, 2015, Cyberonics filed a motion to compel arbitration and to dismiss the remaining two…”
United States ex rel. Hagerty v. Cyberonics, Inc., 95 F. Supp. 3d 240 (D. Mass. 2015). · cites it 3× “§ 3730 (h) (Count 31); breach of contract and breach of the implied covenant of good faith and fair dealing (Count 32); and wrongful termination and retaliation in violation of public policy and the Massachusetts False Claims Act, Mass. Gen. Laws ch. 12, § 5J (Count 33).…”
Sheppard v. 265 Essex St. Operating Co., 299 F. Supp. 3d 278 (D.D.C. 2018). · cites it 2× “On its face, Sheppard's proposed amended complaint pleads all of the elements of a retaliation claim under Mass. Gen. Laws ch. 12, § 5J. See, e.g. , Docket No.”
Fernandes v. Attleboro Hous. Auth., 20 N.E.3d 229 (Mass. 2014). “, G. L. c. 12, § 5J (3) (where employee discharged for disclosing information to government or law enforcement agency under Massachusetts False Claims Act, court may order “reinstatement with the same seniority status [such] employee .”
United States v. Univ. of Massachusetts, 80 F. Supp. 3d 296 (D. Mass. 2015). “See M.G.L. c. 12 § 5J(2) (protecting employees tjiat engage in "lawful acts .”
United States of Am. v. Tuft Shared Servs., Inc. (D. Mass. 2019). · cites it 5× “§ 3730 (h) (Count I); (2) retaliation in violation of the Massachusetts False Claims Act (“MFCA”), Mass. Gen. Laws ch. 12 § 5J (Count II); (3) wrongful termination in violation of public policy (Count III); (4) retaliation against a licensed health care provider in violation of…”
Gusakovs v. Johnson & Johnson (D. Mass. 2023). “2018); Mass. Gen. L. c. 12, § 5J(2). Such claims are evaluated under the same standards as the federal FCA.”
— Mass. Gen. Laws ch. 12, § 5J(2) — 4 cases
Sheppard v. 265 Essex St. Operating Co., 299 F. Supp. 3d 278 (D.D.C. 2018). “On its face, Sheppard's proposed amended complaint pleads all of the elements of a retaliation claim under Mass. Gen. Laws ch. 12, § 5J. See, e.g. , Docket No.”
United States v. Univ. of Massachusetts, 80 F. Supp. 3d 296 (D. Mass. 2015). “See M.G.L. c. 12 § 5J(2) (protecting employees tjiat engage in "lawful acts .”
United States of Am. v. Tuft Shared Servs., Inc. (D. Mass. 2019). “§ 3730 (h) (Count I); (2) retaliation in violation of the Massachusetts False Claims Act (“MFCA”), Mass. Gen. Laws ch. 12 § 5J (Count II); (3) wrongful termination in violation of public policy (Count III); (4) retaliation against a licensed health care provider in violation of…”
Gusakovs v. Johnson & Johnson (D. Mass. 2023). “2018); Mass. Gen. L. c. 12, § 5J(2). Such claims are evaluated under the same standards as the federal FCA.”
— Mass. Gen. Laws ch. 12, § 5J(3) — 1 case
United States of Am. v. Tuft Shared Servs., Inc. (D. Mass. 2019). “§ 3730 (h) (Count I); (2) retaliation in violation of the Massachusetts False Claims Act (“MFCA”), Mass. Gen. Laws ch. 12 § 5J (Count II); (3) wrongful termination in violation of public policy (Count III); (4) retaliation against a licensed health care provider in violation of…”
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