Whistleblower Claims

Employees who report wrongdoing may be protected from termination or retaliation under various state or federal whistleblower laws.

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.  If a company is making false claims for payment to the federal government, such as up-coding medical claims, then a qui tam claim may exist under the False Claims Act.

If an employee reports wrongdoing and then is fired or suffers some other adverse employment action, the first step in determining whether a claim exists is ascertaining whether any law affords the employee whistleblower protection.  And many laws have a short window for making a claim.

If you believe you have been discriminated against in your employment because of your whistleblower activity, contact the attorneys at Johnston Tobey Baruch for an evaluation of your claims by clicking the Tell Us About Your Case button and selecting the Employment Law option.

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