This blog previously has addressed protections for whistleblowers who are terminated for pursuing a qui tam claim or otherwise disclosing wrongdoing by their employer. However, many people do not understand the complex legal and procedural challenges to pursuing a qui tam action or a wrongful termination lawsuit related to disclosing employer false billings and/or schemes to defraud federal and state governments of public funds. Although some people attempt to navigate the whistleblower process without legal representation, there are procedural and timing deadlines that must be satisfied to avoid derailing your claim or forfeiting employee whistleblower protections.
While the statute of limitations might seem like a straightforward issue, whistleblowers can face challenges in determining the date by which a lawsuit must be filed when an employer retaliates. In Community Care Center of Aberdeen v. Barrentine, 160 So.3d 216 (2015), the Supreme Court of Mississippi considered whether a wrongful termination claim based on retribution for reporting abuse in a nursing home was subject to the statute of limitations for breach of contract or tort actions.
The plaintiff was the employee of a nursing home who filed a wrongful termination lawsuit more than a year after her discharge, which occurred shortly following her report to the state of suspected abuse of a patient. The nursing home sought to have the case dismissed based on the contention that the legal claim was barred by the one-year statute of limitations for breach of a written employment contract. The plaintiff contended that the appropriate statute of limitations was the three-year period applicable to torts based on the public policy exception.
In analyzing these competing statute of limitation arguments, the state’s highest court initially observed that the state recognized a narrow exception to the employment at will doctrine. Generally, this doctrine permits an employer to fire an employee for any reason or no reason at all. The Supreme Court of Mississippi noted that in a previous decision it ruled that “an employee shall not be barred by the common law rule of employment at will from bringing an action in tort for damages against an employer when the basis for the termination is a refusal by the employee to participate in illegal conduct.” (McArn v. Allied Bruce-Terminix Co., Inc., 626 So.2d 603 (Miss. 1993). In McArn, the employee alleged he was terminated for reporting to the Department of Agriculture that customers’ properties were not being treated properly with extermination chemicals. (Citations Omitted).
The Supreme Court of Mississippi considered the conflicting decisions from other states while acknowledging the issue had not been previously determined by Mississippi’s highest court. The court found two competing approaches in its prior decisions regarding the appropriate statute of limitations on employment-related claims. Decisions where the dispute concerned issues related to “traditional employer-employee situations,” such as non-payment of a benefit granted under the employment agreement, the one year statute of limitations was applied. However, the court observed that tort claims for wrongful discharge in violation of public policy, such as retaliation against a whistleblower, have no relationship to the terms of the employment agreement. Therefore, the court reasoned that wrongful termination under these circumstances amounts to “an independent tort action” unconnected to the traditional employment agreement.
Based on this analysis, the employer’s motion for summary judgment was denied. This permitted the employee who disclosed illegal conduct by the nursing home that resulted in harm to the public to be protected from retribution from his or her employer. When you are considering a qui tam action to disclose wrongdoing by your employer, our Mississippi qui tam lawyers recognize that you will be concerned about your job and your employer’s ability to punish you for disclosing misconduct.
Because our law firm represents whistleblowers in actions under a range of statutes based on false, fraudulent, and illegal conduct committed against the federal government and the State of Mississippi, we can effectively represent clients in pursuing whistleblower actions and advise them regarding their right to protection from retaliation. If you have evidence of illegal activity or fraud by your employer, you are invited to contact the experienced Qui Tam Attorneys at Barrett Law to learn how we can help. Our Mississippi Whistleblower Lawyers have been representing conscientious employees throughout Mississippi for over 75 years. We offer personalized legal representation and zealous advocacy. We provide a free initial case evaluation so call us today at 662-834-2376. No Recovery No Fee!