Search Site
Menu
Another Texas Whistleblower is Dismissed

The Supreme Court of Texas recently dismissed another whistleblower case with a narrow reading of Texas Whistleblower Act (TWA) requirements. Although the TWA offers significant protections to a tipster reporting malfeasance, a Dallas whistleblower attorney can offer counsel on how to meet the law’s specific requirements. 

The Facts 

Yusuf Farran was the Executive Director of Facilities and Transportation for the Canutillo Independent School District. Farran witnessed and reported employees stealing and falsifying time cards. He also observed that Henry’s Cesspool Services, a school district contractor, was repeatedly overpaid, failed to dispose of grease-trap waste and violated state laws. When Farran reported these improprieties to supervisors, he was told that if he wanted to keep his position, he should stop making such reports. Farran ignored the warning and continued filing complaints about Henry’s Cesspool Services’ grease-trap issues. 

In March 2009, after Farran’s repeated complaints, the superintendent disciplined and suspended Farran for unrelated incidents. A few months later, the school board terminated Farran. 

During the period between the suspension and termination, Farran contacted the FBI regarding Henry’s Cesspool Services’ conduct. After the final termination, Farran sued for breach of contract and wrongful termination under the TWA. 

Understanding the Texas Whistleblower Act 

The TWA prohibits government employers from taking adverse employment actions against a public employee who in good faith informed an appropriate law enforcement authority of a violation of law by the employing governmental entity or another public employee. The whistleblower who suffers such retaliation may be entitled to injunctive and compensatory relief.

Why was Farran’s whistleblowing dismissed?

The Supreme Court of Texas granted the school district’s motion to dismiss because Farran failed to show that his report to the FBI caused the adverse employment action. The court concluded that Farran did not meet his burden of showing that the school board would have reversed its decision to terminate him if he had not filed the FBI report. The court also said that his internal complaints did not constitute a report to a law enforcement authority as defined by the TWA.

If you believe that you have witnessed malfeasance at work and want to avail yourself of the protections under state and federal whistleblower laws, contact a Dallas whistleblower attorney who can evaluate the merits of your claim.

Leave a Reply

Your email address will not be published. Required fields are marked *

Honors
Our Office
  • Dallas Office
    4514 Cole Ave
    #600
    Dallas, Texas 75205
    Phone: 214-306-8045
    Fax: 469-729-9926
Testimonials
  • "Steve Kardell was terrific in representing me in some very adversarial discussions with Citigroup and also later represented me in my testimony before the Financial Crisis Inquiry Commission."  -Richard Bowen, Citigroup Whistleblower

  • "Incredible knowledge of employee related concerns and equally brilliant knowledge of health care regulations, standards of practice. I would recommend this firm to anyone."  -V.B.

  • "Reaching out to Steve Kardell was the best decision I made. His ability to provide immediate insight and direction was very powerful, and a huge relief during a very stressful time period. For anyone struggling with a whistleblower situation, I would highly recommend at least speaking with Steve. After a 10 minute call with him, I had a better understanding of what I was dealing with. Even better, he gave me some immediate hope. In the end Steve did a better job than I thought was possible. Steve was able to get in contact with people in my organization, that I didn’t have access to. Because of his years of experience, he already has contacts in many organizations in Dallas. The entire situation was handled peacefully. I was impressed by his ability to “keep the peace”–rather than creating a battle with the organization. The reason I didn’t reach out to a lawyer initially, was because I thought it would mean an immediate end to any hope of a positive relationship with the company. Steve was able to address my concerns, and in the end I was able to continue to work for them."  -KS

  • "Never thought my career would end like it did after 30 years of service. I was part of the first round of the so called reduction of force. I asked myself how can I be part of this with 30 years of seniority. How did they pick these 90 plus employees? Now, the culture of this organization made you question every decision they made. It wasn’t what you knew it’s was a culture of who you know. Nonetheless, I did not accept their severance package. I immediately starting looking for an attorney who would take on my case. After the initial call to Steve I had hope again. He was open and honest about everything and reassured me he would do his best for me, and he did. I had an awesome outcome. Thanks Steve you’re the best."  -S.S.

FOLLOW US
Facebook Twitter Linkedin RSS Feed JD Supra