By Thomas Bonte | Published August 18, 2014 | Posted in Employee Rights | Tagged Tags: Lane v. Franks, Texas employment lawyer, whistleblower laws, whistleblowing in the public sector | Leave a comment
If there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence. — Louis Brandeis, Associate Justice, United States Supreme Court There has long been tension in the public sector regarding an employee’s duties as Read More
Read MoreWorse than traitors in arms are men who pretend loyalty to the flag, feast and fatten on the misfortunes of the nation while patriotic blood is crimsoning the plains of the South and their countrymen are moldering in the dust. — Abraham Lincoln, regarding the False Claims Act The False Claims Act (FCA) is one Read More
Read MoreIt’s impossible to understate the importance of strict adherence to procedure when initiating a qui tam action under the False Claims Act. Unfortunately under our legal system, otherwise meritorious claims can often be defeated merely because the proponent waited too long to act or otherwise failed to follow the rules. One such case recently reached Read More
Read MoreBlowing the whistle does not always need to involve fraud and malfeasance. Sometimes a culture of apathy allows a hostile work environment to develop that can only be addressed with outside intervention. Employees and managers who constantly witness pervasive discrimination and harassment in their workplaces often feel compelled to act, even if they are not Read More
Read MoreWhistleblower laws are intended to discourage corruption by granting legal protection and sometimes even financial incentives to employees who report corruption and other violations. However, these laws can sometimes be at odds with the security requirements of certain sensitive facilities or the proprietary rights of contractors. While these concerns are sometimes understandable, there is a Read More
Read MoreYou will never understand bureaucracies until you understand that for the bureaucrats procedure is everything and outcomes are nothing. — Thomas Sowell Proper procedures are of the utmost importance for whistleblowers seeking to gain legal protections and financial rewards for their disclosures. The mere fact that you provided information that saved the government millions of Read More
Read MoreSupposing is good, but finding out is better. ― Mark Twain Many of the privileges the law recognizes against the compelled disclosure of information exist in order to promote candor. For instance, attorney-client privilege exists because people must be able to remain open and honest with their legal counsel without fear that the substance of Read More
Read MoreOtto von Bismarck once said, “Laws are like sausages, it is better not to see them being made.” Fortunately, the government that makes the laws does want to see the sausage being made and, as such, has instituted new regulations that protect employees in various levels of the food industry from facing retaliation for reporting Read More
Read MoreOperated jointly by federal and state agencies, Medicaid is one of the largest and most complex governmental undertakings in the United States. Not surprisingly, it also provides a breeding ground for fraud, primarily from unscrupulous medical facilities and providers who overbill, double-bill, bill for services never rendered and perform all manner of other shenanigans in Read More
Read MoreThe nation was recently stunned by the revelation that Department of Veterans Affairs administrators were manipulating dates on records to conceal the unreasonable wait times veterans seeking medical care were forced to endure. Unfortunately, this type of conduct may be more common throughout government than we could have imagined. The Texas Supreme Court has recently Read More
Read More