Texas Whistleblower Attorney
Workplace Whistleblowers
Workplace whistleblowers serve a very important role in society.
They protect not only the government, but also taxpayers from both financial fraud and possible danger.
To encourage employees to report illegal activity within their workplace, financial fraud, or violations of health and safety, the state and federal government has enacted “whistleblower” laws.
These laws mean to protect (and in some cases, compensate) employees who report this type of misconduct.
If you have evidence or knowledge of fraudulent activity in Texas you want to report, you need David Langenfeld, a proven Texas whistleblower attorney who will fight for your rights.
What Is a Whistleblower Lawsuit?
Under the federal whistleblower laws, a whistleblower claim is a type of formal submission that exposes unlawful conduct by an employer.
The complaint describes what information an employee has supporting their allegations of fraud or misconduct.
With this knowledge, workplace whistleblowers can assist the government in identifying violations like fraud much sooner than what might have been possible without their intel.
There are different kinds of workplace whistleblower complaints depending on the sector or area of employment you fall under. If the misconduct occurred in an area of healthcare, you may have a case under either the federal or state False Claims Act.
Who Qualifies as a Workplace Whistleblower?
You may wonder if you qualify for statutory protections afforded to whistleblowers.
Depending on the illegal conduct you report, you may qualify as a whistleblower under different laws.
A whistleblower can be a public or private employee or even a non-employee. In general, whistleblowers tend to have access to communications and other documents that serve as their evidence for the alleged fraud.
Many workplace whistleblowers receive not only legal protections, but also monetary compensation for their information.
In cases of securities fraud or False Claims Act whistleblowers, they may receive as much as 40% of the recovery from the case. However, recoveries and financial incentives often vary from state to state.
If you have an issue with a Texas employer that falls under this description, you should hire a Texas whistleblower attorney as soon as possible.
Texas State and Federal Protections for Whistleblowers
As mentioned previously, both federal laws and Texas laws afford protections for those filing legitimate workplace whistleblower claims.
These laws outline which specific issues afford protection to whistleblowers. If you report an issue related to any of the following, you may receive whistleblower protections:
- Medicaid fraud
- Food and consumer product safety
- Health insurance fraud
- Environmental protections
- Employee safety
- Other financial issues and fraud
- Child abuse
- Patient neglect or abuse
- False statements on financial documents
- False medical billing
Keep in mind that it can be difficult to determine whether or not you qualify for protection in a whistleblower claim.
What Is the Texas Whistleblower Act?
The Texas Whistleblower Act specifically protects any public employee who chooses to report wrongdoing by their employer to the proper authorities.
Employers may not retaliate against public employees in any way, including by termination of employment, demotion, suspension, or other adverse actions.
This act encourages employees of government agencies to hold those agencies accountable for their actions. It applies to public employees on both state and local levels.
If the whistleblower suffered adverse employment consequences, they are entitled to the following:
- Reinstatement of their position
- Lost wages compensation
- Court and attorney fees
- Limited compensation for other damages
What Forms of Fraud Are Covered by the Texas Whistleblower Act?
Whistleblower laws in Texas apply to a number of fraudulent acts, including healthcare fraud and fraud by local or state government employees.
On a federal level, whistleblower cases can cover a much wider range of issues.
If you are unsure of whether or not you qualify for whistleblower protections in Texas, contact David Langenfeld, Texas whistleblower attorney, to learn your legal rights.
What Is the Qui Tam False Claims Act?
The False Claims Act is the foundation of the whistleblower system.
It is a federal law that makes it illegal for anyone to make a false claim to the government in order to defraud the government. These cases often involve fraudulent billing by healthcare providers to Medicaid or Medicare and overbilling or providing faulty goods by government contractors.
This law is the most common one used for whistleblowers seeking to report fraud or misconduct. It enables private citizens to file a complaint against their employer and on behalf of the government and rewards the whistleblowers monetarily in cases where the government is successful in recovering lost funds.
For a complaint to fall under the False Claims Act (FCA), the conduct must have resulted in financial loss for the government.
The Act also protects the whistleblower from retribution from their place of employment.
It protects employees from all the following forms of retaliation:
- Harassment
- Threats
- Demotion
- Suspension
- Dismissal
- Any other discriminatory manner violating the terms and conditions of employment
Protected activity that falls under the False Claims Act includes any internal reporting of fraudulent or illegal activity to a supervisor.
It also protects any efforts made to remedy this illegal activity to avoid an FCA violation, and any other steps taken by the employee to bring forth a qui tam action are protected as well.
If you need protection under the False Claims Act in Texas, contact David Langenfeld, a Texas whistleblower attorney.
What Is a Qui Tam Case?
When you hear the words qui tam, this is what is referring to a whistleblower lawsuit that’s brought under the False Claims Act.
Qui tam lawsuits are what allow the whistleblowers to receive a percentage of what’s recovered by the government. There are several situations that might prove your eligibility to file a qui tam lawsuit. If you have information that your employer is:
- Committing financial fraud (such as false Medicaid or Medicare billing or cheating on a government contract) other healthcare fraud) against the government
- Presenting fraudulent claims to the federal government for payment
- Overbilling or keeping an overpayment for government services
- Abusing government programs or contracts for financial gain
If you have knowledge of these actions of misconduct or others, you may be able to receive financial rewards in a qui tam lawsuit.
Additionally, if your Texas employer fired you for filing a complaint, you may be eligible for compensation under the Whistleblower Protection Act and you should contact David Langenfeld, an experienced Texas whistleblower attorney, today.
What Is the Reward for Whistleblowing?
There is often a fear of retaliation that surrounds the idea of workplace whistleblowing, which is why the government provides incentives to those who come forward.
Reporting fraud and misconduct allows the Securities and Exchange Commission (SEC) to prevent waste of taxpayer money and to preserve the integrity of U.S. markets and reduce harm to investors.
It also allows the government to hold those engaging in unlawful activities accountable for their actions.
Under the False Claims Act, a whistleblower who is successful in bringing forth a qui tam lawsuit may recover monetary rewards.
This includes reinstatement, double back pay plus interest, and other special damages. Special damages refers to litigation costs and attorney fees as well as any emotional distress that resulted from the incident.
The amount in awards that the government grants workplace whistleblowers ranges between 10%-30% of money collected, depending on how helpful you are to the investigation and how well your Texas whistleblower attorney is able to negotiate.
A Texas Whistleblower Attorney Who Has Your Back
David Langenfeld is an experienced and aggressive Texas whistleblower attorney who only represents employees, never employers. He will fight to get you what you are owed from your employer. Contact David today for a free consultation.