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What Rights Do You Have as a Whistleblower?

When an employee reports a serious problem at his place of employment and his boss responds by terminating the employee, the worker may have a cause of action against his former company.  Depending on the employee’s job, he may be able to get help from OSHA.

The Occupational Safety and Health Administration (OSHA) handles investigations into certain retaliatory workplace terminations.  Some of the types of reports that lead to wrongful termination claims investigated and pursued by OSHA include:

  • Safety issues in the workplace;
  • The presence of asbestos in schools;
  • Airline infractions;
  • Wrongful actions taken by commercial motor carriers;
  • Consumer product dangers;
  • Environmental concerns;
  • Financial improprieties;
  • Health insurance violations;
  • Automotive defects;
  • Public transportation concerns;
  • Nuclear plant errors; and
  • Securities law violations.

These are only broad categories and there are many types of reported wrongdoing that may lead to a whistleblower investigation.  A person who believes that his termination was the result of a report that he made should contact OSHA as soon as possible after the termination or demotion in pay or responsibilities.  There are other behaviors that qualify as a violation of an employee’s rights as a whistleblower.  When an employer or former employer attempts to blacklist the employee from other jobs or professional organizations, there may be cause for a case.  Other possible violations include:

  • Being denied a promotion or being passed over for overtime;
  • Having disciplinary reports made in the employee’s record;
  • Not being hired on a permanent basis;
  • Reassignment to position that is less desirable than the previous role;
  • Transfer to another location;
  • A reduction in assigned work hours or the hourly rate of pay;
  • Suspension from employment, with or without pay; or
  • Any other actions that are adverse to the interests of the employee.

            A person may file a complaint in person, over the telephone, or through a written communication.  The date of the communication, regardless of the date on which it is received, serves as the date of the complaint.  Generally, an employee must file the complaint within thirty (30) days of the retaliatory action.  There are no specific forms for filing a complaint.  Public employees are not covered by the Occupational Safety and Health Act, with the exception of post office employees.  OSHA evaluates the merits of a filed complaint and then decides whether there is evidence of retaliation based on the following findings:

  • The employee was participating in a protected activity when he acted as a whistleblower;
  •  The employer learned about the employee’s action or had reason to suspect that the employee had reported a violation;
  • The employer took action that was adverse to the employee’s position or wages; and
  • The employer was motivated, at least in part, by the employee engaging in the protected activity.

If OSHA determines that the employer retaliated against the employee, it may attempt to negotiate a resolution with the employer.  If this fails, OSHA may take action that includes issuing on order addressing the following remedies:

  • Mandating that the employer reinstate the employee;
  • Paying the employee all back wages that were lost as a result of the wrongful termination or demotion;
  • Restoring lost benefits; and
  • All other actions necessary to make the employee whole after the wrongful actions of his employer.

In light of the above, keep in mind that the employer does have the right to contest the order.

It is important to contact an experienced whistleblower protection attorney as soon as you learn about retaliatory actions by an employer.  The Mississippi Qui Tam/Whistleblower Attorneys at Barrett Law PLLC understand how to work with you and the appropriate regulatory agency in order to get justice for the wrong that was done when your employer took action against you for engaging in a protected activity.  To discuss what happened to you in a free and confidential consultation, call us at (800) 707-9577.

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University of California Agrees to $10 Million Whistleblower Payment

In order to end litigation surrounding a whistleblower-retaliation case brought against the University of California – Los Angeles’ orthopedic surgery department by its former chairman, the UCLA Regents have agreed to a payment of 10 million dollars to compensate the former chairman for his role in exposing industry payments to UCLA doctors that may have jeopardized patient health.  The case arose out of consulting payments made to doctors at the David Geffen School of Medicine, as well as other financial connections between large medical companies and UCLA.

Dr. Robert Pedowitz asserted in legal filings that he reported conflicts of interest that existed when medical industry representatives made payments to medical professionals that might lead to patient care that was not in the best interest of the patient.  Dr. Pedowitz alleged that UCLA, the Regents of the University of California, and fellow surgeons, as well as senior officials in the university system, failed to take appropriate actions when informed about these problems and subsequently retaliated against Dr. Pedowitz by demoting him, excluding him from certain grant applications, and taking other actions that were adverse to his professional interests.

Although UCLA denies any wrongdoing and asserts that patient care was not compromised and that there were no financial improprieties or retaliation, the Regents agreed to the settlement in order to avoid any further litigation.

The allegations of wrongdoing relate to the influence that a medical device manufacturer might have on a surgeon who had a financial connection to the medical company.  In addition, there was the possibility of compromised research when the doctor conducting the study was receiving money from a medical company that was invested in a particular outcome of the research.  Dr. Pedowitz reported that the university also would benefit financially from certain research results if it led to the commercially successful pharmaceuticals or medical devices.

This whistleblower-retaliation case comes at an important time because the Physician Payments Sunshine Act will go into effect in the fall of 2014.  This component of the new healthcare law requires disclosure of financial connections between doctors and healthcare companies.  For many patients, a doctor who was receiving a quarter million dollars per year in consulting fees from a medical device company who then strongly recommends a treatment based on a product or drug manufactured by that company might not be trusted.  The issue of informed consent is critical for proper patient care and it is difficult to separate large financial incentives with neutral treatment recommendations.

As part of the whistleblower complaint that was initially filed in 2011, Dr. Pedowitz agreed to step down from his position in the orthopedic surgery department, effective immediately.  He had been recruited into the position of chairman in 2009, but was demoted in 2010, after he had raised concerns about the improper financial practices.  One of the protections of bringing a whistleblower complaint is that a complainant’s job is protected.  However, settlements often involve a separation agreement because it is difficult for parties who were involved in contentious and protracted litigation to be able to resume a productive work relationship.  Many whistleblower claims that are resolved prior to this point may result in the complainant resuming his job duties, particularly if the whistleblower case led to widespread changes in policy.

When an employee has done the right thing and reported serious problems only to find himself being retaliated against by his employer, it is important to get the right legal help as soon as possible.  The knowledgeable and hardworking Mississippi Qui Tam/Whistleblower Attorneys at Barrett Law PLLC are committed to getting the best results possible for our clients.  Please call us at (800) 707-9577 to schedule a confidential and free consultation about the wrongdoing that you have experienced.

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