WHISTLEBLOWER CLAIMS

The Problem

One of the most important things any employee can do is to report wrongdoing.  This is also one of the most risky things that an employee can do in terms of continuing employment.

Employees who report wrongdoing are often at grave risk of losing their jobs or being retaliated against in other ways. 

Remedies

Both state and federal laws protect whistleblowers from termination and retaliation in limited circumstances.

Texas has very limited whistleblower protection that typically applies only to state or governmental employees. But there are a few Texas laws that protect employees in the private sector from retaliation for reporting wrongdoing. For example, health care employees who file reports of patient-safety violations or other wrongdoing may have protection under state law.

Federal laws protect whistleblowers in a variety of contexts. For example, employees who report financial fraud against publicly-traded corporations might have protection under a statute such as Sarbanes-Oxley of the Dodd-Frank Act.  Or, claims might exist under the False Claims Act if a company is making false claims for payment to the federal government

Caution

When an employee has reported reports wrongdoing and then is fired or suffers some other adverse employment action, the first step is figuring out which law, if any provides protection to the employee.  Because most of these laws have a very short window within which to file a claim, time is of the essence.

Moving Forward

 If you believe your employer has acted adversely against you because you have reported wrongdoing, contact us by clicking Tell Us About Your Problem and filling out the questionnaire.

 

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