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Experienced Mississippi Whistleblower Attorney Discusses Whistleblower Claims by Government Contractors

I have frequently discussed on this blog how the False Claims Act aims to prevent companies working for the federal government from providing inferior goods, overcharging, charging for work not performed, and providing kickbacks. If a whistleblower comes forward and reports occurrences of this sort of illegal behavior, the False Claims Act also provides explicit protection to them in the form of significant fines, double back pay, and other penalties for any retaliatory acts. One question that sometimes arises, however, is who can be a whistleblower. I wrote this blog post to cover a common question, specifically, whether a company can be a whistleblower.

If you are considering becoming a whistleblower here in Mississippi, you will need the help of an experienced whistleblower attorney.  Contact Barrett Law now at (800) 707-9577 to attain the guidance you require.

Can a Subcontracting Company Be a Whistleblower Under the False Claims Act?

In 2009, the U.S. Congress made updates to the False Claims Act to include “contractors” and “agents” to the list of parties that can make a whistleblower claim under the False Claims Act.  The question arising from these changes was what do “contractor” and “agent” mean? A recent federal court case suggests that a corporation can be a whistleblower as well, not just an individual.

In this case, Munson Hardisty LLC v. Legacy Pointe Apartments, Munson Hardisty—a corporation and subcontractor of Legacy Pointe—exposed that Legacy Pointe was defrauding the U.S. Department of Housing and Urban Development (HUD). Specifically, Legacy Pointe reorganized its corporation and corporate filing so that it could apply for HUD financing for a construction project. Previously, Legacy Pointe had been barred from applying for HUD financing.  Munson Hardisty withdrew as a partner in the enterprise when it learned of Legacy Pointe’s malfeasance. In retaliation, Legacy Pointe refused to pay Munson Hardisty for over $2 million in work performed. Munson Hardisty sued as a whistleblower, claiming that the False Claims Acts retaliation protections should cover it.  The federal court agreed with Munson Hardisty, holding that the corporation fell within the precise meaning of the word “contractor” even though it was not a person doing the contracting.  As a result, the court found that the retaliation provisions of the False Claims Act applied to Munson Hardisty as a corporation.  They received the money due to them plus costs and fees. I am sure this case will be appealed, and it will be interesting to see if the appellate courts uphold this holding.

This case represents a welcome expansion of the False Claims Act and is one that makes a lot of sense. The False Claims Act’s goal is to protect the federal government from fraudulent activities—it shouldn’t matter who or what reports the fraud.

What Should You Do if You are Considering a Whistleblower Claim?

Are you considering filing a whistleblower case regarding fraud occurring against the federal government?  The reward for submitting a successful claim can be massive, 15 to 30% of any amount recovered, but don’t fool yourself—you will only reap this sort of award with the help of an experienced whistleblower attorney. The U.S. Department of Justice receives thousands of potential whistleblower claims each year and only those that are reported in a way that triggers their interest are investigated.  Careful pleading is key to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (800) 707-9577.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

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Experienced Mississippi Whistleblower Discusses Federal Railroad Safety Act Whistleblower Law

The Federal Railroad Safety Act (FRSA) protects workers who report violations of federal railroad safety laws or refuse to work in dangerous conditions. I will describe this program in detail below, but in a nutshell, it protects employees from retaliation and provides rewards to those who report unsafe conditions.  A recent case bolstered FRSA whistleblowers’ rights, and I wanted to provide an overview of the court’s holding for my clients here in Mississippi.

If you are considering becoming an FRSA whistleblower, or any other type of whistleblower, here in Mississippi, you will need the help of an experienced whistleblower attorney.  Contact Barrett Law now at (800) 707-9577 to attain the guidance you require.

The Federal Railroad Safety Act

Congress created the FRSA to address ongoing concerns about railway safety and to combat systemic retaliation against railroad workers who reported safety violations. Under the FRSA, railroad workers can attain significant awards for reporting unsafe practices, along with front and back pay and reinstatement, and also receive protections for retaliation.

What Sort of Conduct is Protected Under the FRSA?

The FRSA protects employees who: File safety complaints under the FRSA; Cooperates with a safety or security investigation; Refuses to violate federal law or regulation related to railway safety; Accurately reports work hours; Provides information about any railway safety investigation.

To prove retaliation, all the FRSA whistleblower must do is show that his or her lawful, protected behavior was a “contributing factor” in the employer’s decision to take adverse employment action.  That means that there could be many factors that combined resulted in an employee’s discipline—he or she could have been late several times, could have missed a safety meeting, and also could have provided information to NTSB investigators.  So long as the employee’s giving information to NTSB was one factor in the employer’s decision-making regarding discipline, then the decision itself is retaliation. In short, one bad apple ruins the whole bunch.

Recently, the U.S. Ninth Circuit of Appeals upheld the “contributing factor” standard in a case, Frost v. BNSF Railway Co.  Frost filed a legitimate safety report but also had safety allegations leveled against him.  The employer BNSF argued that because it had an “honest belief” that Frost had violated safety rules regarding entering the tracks without appropriate clearance, it had the right to take adverse employment action against him.  The lower court agreed with BNSF.  On appeal, the Ninth Circuit held that the “contributing factor” test still applied and that it did not matter that BNSF also had concerns about his adherence to safety rules. Because his filing a safety report was a “contributing factor” to BNSF’s decision, adverse action against Frost was retaliatory. This is welcome news for FRSA whistleblowers, and I have attached the full Ninth Circuit Case below.

What Should You Do if You are Considering an FRSA Whistleblower Claim?

Have you been fired from or disciplined at your railroad job because of safety concerns you raised? The reward for submitting a successful claim can be massive, 15 to 30% of any amount recovered as a result of your report, reinstatement, back pay and front pay, and expenses, but don’t fool yourself—you will only reap this sort of award with the help of an experienced whistleblower attorney. Careful pleading is key to this process and will require the assistance of an experienced whistleblower counsel. Contact Barrett Law now at (800) 707-9577.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful FRSA whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

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Experienced Mississippi Whistleblower Attorney Discusses Federal Corrupt Practices Act Claims

I want to provide an overview of a recent appeal to come out of the Ninth Circuit Court of Appeals. The case Wadler v. Bio-Rad is an important decision because it underscores that in-house counsel, attorneys, compliance officers, and internal auditors are often the first to recognize illegal activities and can become whistleblowers.  Sanford Wadler, Bio-Rad’s former in-house counsel, won $11 million as a result of his whistleblowing under the Foreign Corrupt Practices Act, a judgment that was largely upheld by the court of appeals.  I have attached a link to the U.S. Department of Justice’s Foreign Corrupt Practices Act webpage below.

If you are considering becoming a Foreign Corrupt Practices Act whistleblower, or any other type of whistleblower here in Mississippi, you will need the help of an experienced whistleblower attorney.  Contact Barrett Law now at (800) 707-9577 to attain the guidance you require.

The Foreign Corrupt Practices Act

The Foreign Corrupt Practice Act (FCPA) makes it illegal to pay kickbacks and bribes to foreign government officials in an attempt to curry favor and obtain business contracts. The FCPA makes it illegal to use any mail, phones, or internet to offer money or anything else to a foreign official to secure business. Importantly to our discussion below, the FCPA includes aggressive whistleblower protection provisions that prohibit any retaliation or adverse employment action against a person that raises concerns related to compliance with the FCPA.

The Bio-Rad Case

Sanford Wadler had worked for Bio-Rad for 25 years as an in-house counsel.  By all accounts, he was an exceptional employee, yet he was fired when he raised concerns that Bio-Rad employees in China were paying bribes to Chinese government officials in an effort to secure business. One thing to keep in mind regarding whistleblowing for in-house counsel and attorneys—the whistleblower provisions in the FCPA, the False Claims Act, and other whistleblower laws trump attorney-client privilege. This means that an attorney whistleblower can reveal client confidences as they pertain to efforts to defraud the government.

Mr. Wadler sued Bio-Rad under the FCPA’s whistleblower provision and was awarded $11 million because of the retaliation he suffered.  Bio-Rad appealed, but the Ninth Circuit court of appeals upheld almost the entire judgment and award. Mr. Wadler’s case took nearly five years to resolve, illustrating the difficult path most whistleblower cases have to resolution. That said, his reward was substantial, also demonstrating the significant compensation awaiting those willing to stick to their principles.

What Should You Do if You are Considering an FCPA Whistleblower Claim?

Are you aware of bribes being paid to foreign government officials in an effort to secure or keep business?  As the Bio-Rad case illustrates, attorneys and compliance officers can reveal corruption and reap substantial rewards as a result.  While the reward for submitting a successful claim can be massive, 15 to 30% of any amount recovered, don’t fool yourself—you will only reap this sort of award with the help of an experienced whistleblower attorney. The U.S. Department of Justice receives thousands of potential whistleblower claims each year and only those that are reported in a way that triggers their interest are investigated.  Careful pleading is key to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (800) 707-9577.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful FCPA whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

 

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Experienced Mississippi Whistleblower Attorney Discusses Securities and Exchange Commission Claims

Currently, in the United States, we are witnessing a debate regarding the role banks and financial institutions should play in our individual lives and on a national level. There are many reasons this conversation is occurring, including the financial crisis of 2008, banks that are “too big to fail,” and the subprime mortgage crisis that sent ripples through the world economy. There is a lot of room for debate about what amount of risks bank and financial institutions should be able to take, but I believe we can all agree that there is no place for fraud in the financial world.  If you are aware of fraud occurring in the financial services industry, you may be able to become a Securities and Exchange Commission (SEC) whistleblower.  I will describe this program in detail below.

If you are considering becoming an SEC whistleblower, or any other type of whistleblower, here in Mississippi, you will need the help of an experienced whistleblower attorney.  Contact Barrett Law now at (800) 707-9577 to attain the guidance you require.

 Securities and Exchange Whistleblowers

Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010 (Dodd-Frank), which overhauled finance and securities law and created an effective whistleblower program for those who are aware of fraud and other criminal conduct. I say “effective” because the Sarbanes-Oxley Act of 2002 already created a whistleblower program for this industry, but it lacked Dodd-Frank’s teeth.

There are many ways that Dodd-Frank improved upon Sarbanes-Oxley and even the False Claims Act.  First, under Dodd-Frank, whistleblowers may remain anonymous up until receiving their award. This is even broader than the False Claims Act, which reveals whistleblowers’ names once a prosecution commences.  But like the False Claims Act, Dodd-Frank whistleblowers may receive 10% to 30% of whatever penalty is collected as a result of a prosecution resulting in penalties of over $1 million.

Second, SEC whistleblowers are under no obligation to file their claims.  This is quite different from the False Claims Act, which usually requires a suit to be filed.  Instead, the whistleblower submits his or her complaint to the SEC. The SEC investigates and decides whether the agency will bring an enforcement action.

Third, if the SEC decides not to bring an enforcement action, that decision may be appealed to the appropriate United States Court of Appeals.

Like the False Claims Act, Dodd-Frank also prohibits any retaliation against the whistleblower, including investigations or other employment actions such as discipline or termination. If an employer engages in retaliation, the whistleblower can bring a separate retaliation claim in federal court. If you have been retaliated against by your employer for being a whistleblower, you can receive double back pay and all litigation costs.

What Should You Do if You are Considering an SEC Whistleblower Claim?

Are you considering filing an SEC whistleblower case regarding fraud occurring in the financial services industry?  The reward for submitting a successful claim can be massive, 15 to 30% of any amount recovered, but don’t fool yourself—you will only reap this sort of award with the help of an experienced whistleblower attorney. The SEC receives thousands of potential whistleblower claims each year and only those that are reported in a way that triggers their interest are investigated.  Careful pleading is key to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (800) 707-9577.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful SEC whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

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Experienced Mississippi Whistleblower Attorney Explains Proposed IRS Whistleblower Legislation

Are you considering becoming a whistleblower and exposing tax evasion? Currently, the protections for whistleblowers under the IRS Whistleblower Law are not nearly as robust as those under the traditional whistleblower laws, such as the False Claims Act or Sarbanes-Oxley.  A new law, the IRS Whistleblower Improvement Act of 2017, has been proposed by Senators Chuck Grassley of Iowa and Ron Wyden of Oregon to improve protection for whistleblowers against retaliation.

According to Senator Wyden’s press release, the goal of the new legislation is to improve communication between the IRS and whistleblowers and to protect whistleblowers from retaliation:

The IRS Whistleblower Improvements Act of 2017 is based on the Grassley-Wyden amendment included in the Taxpayer Protection Act of 2016.  The Taxpayer Protection Act, along with the Grassley-Wyden amendment, passed the Finance Committee in April 2016 but was never considered by the full Senate.

The measure would: (1) increase communication between the IRS and whistleblowers, while protecting taxpayer privacy, and (2) provide legal protections to whistleblowers from employers retaliating against them for disclosing tax abuses. 

To increase communication, the bill specifically would allow the IRS to exchange information with whistleblowers where doing so would be helpful to an investigation.  It would further require the IRS to provide status updates to whistleblowers at significant points in the review process and allow for further updates at the discretion of the IRS.  It does this while ensuring that the confidentiality of this information is maintained.  Whistleblowers have expressed concern and frustration in their inability to receive information from the IRS on the status of their cases, which may take years to resolve.  Since these individuals often put their livelihoods on the line to come forward, poor communication adds to their anxiety and is a disincentive to others with knowledge of high dollar tax fraud.

To protect whistleblowers from employer retaliation, the bill extends anti-retaliation provisions to IRS whistleblowers that are currently afforded to whistleblowers under other whistleblower laws, such as the False Claims Act and Sarbanes-Oxley.  Tax whistleblowers may be easily identified within their firms as having specific knowledge of tax fraud.

If passed, this law would likely make life easier for tax whistleblowers. Specifically, it would provide whistleblowers and independent right to sue for retaliation. While retaliation is currently prohibited, the whistleblower would have to rely on the IRS to prosecute it. That is not much of a protection, so providing the whistleblower an independent right to sue is a meaningful improvement and protection.

Second, it would allow some sharing of information between the IRS and whistleblowers.  This is a complex situation because legal prohibitions generally keep the IRS from sharing individuals’ tax information with third party whistleblowers.  But with no sharing of information, the whistleblower has no way of knowing how the case is progressing, if it is progressing at all. That can lead to a whistleblower being blindsided by retaliation or fearing for their job when, in fact, no investigation is being conducted that would jeopardize their career. This new legislation tries to find a middle ground, where whistleblowers can be given case-status information without violating any other citizen’s privacy.

What Should You Do if You Want to Become a Whistleblower to the IRS?

If you are interested in becoming a whistleblower to the IRS, you need to have experienced counsel to help you through the process. As a whistleblower, you are entitled to a share of whatever funds are recovered as a result of an investigation into the fraud you reported.  That is a powerful incentive, as is doing the right thing.  But know that this a long process and that you can experience retaliation if you are discovered.

Call Barrett Law now, an experienced Mississippi whistleblower firm, to represent you if you want to become a whistleblower

Barrett Law has the experience to protect your rights, your livelihood, and your income.  Contact us now at (800) 707-9577 to get experienced counsel on your side.

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Experienced Mississippi Whistleblower Attorney Advises Clients on the Foreign Corrupt Practices Act

Questions have arisen about the Trump administration’s interest and willingness to enforce the Foreign Corrupt Practices Act (FCPA). The concern was raised during President Trump’s campaign, when then when memories of then-businessman Trump called the FCPA a “horrible law” in 2012. However, Attorney General Jeff Sessions recently affirmed the Trump administration’s commitment to enforce it. How does this affirmation affect potential whistleblowers?

In a nutshell, the FCPA prohibits Americans and American companies from bribing foreign officials in an effort to attract or retain a business relationship. Sessions confirmed that the Department of Justice (DOJ) will continue to enforce the FCPA, meaning that whistleblowers who report illegal payments to foreign governments will continued to receive the backing of the DOJ. If you find yourself in a position where your employer is engaging in the sort of illegal conduct prohibited by the FCPA, you need an experienced attorney to provide you with advice on how to navigate this extremely difficult situation. In addition to whistleblowing being the right thing to do, there are also financial rewards under the FCPA for those who alert the government to corporate bribes to foreign nations.

History of the FCPA

Enacted forty years ago, the FCPA, 15 U.S.C. §§ 78dd-1, makes it against the law for all United States companies or individuals to bribe foreign officials on an effort to  to obtaining or retain business. In short, your employer cannot engage in “pay to play” with other countries. Additionally, the FCPA also requires companies to document how they do business with foreign countries in an effort to maintain a record of all transactions. This latter requirement is in place to make sure that there is a record of payments to foreign nations. This prevents senior members of a company’s leadership from claiming that they had no way of knowing that illegal payments were being made.

What is the New Administration’s View of the FCPA?

In 2012, then business leader Trump trivialized the FCPA’s noble goals by suggesting that the rest of the world conducts business through bribes and other illegal payments, and that the United States’ decision to prevent those sorts of payments was pollyanna thinking.  Trump stated then that the FCPA is a “horrible law” and “the world is laughing at us” because of the U.S.’s stance. He suggested that the FCPA put U.S. companies at a competitive disadvantage abroad. Obviously, memories of these statements made anti-corruption advocates nervous once Trump was elected president. As a result, attorney General Sessions’ affirmation that the DOJ will continue to enforce the law was welcomed by those who feared that the new administration may either let it go unenforced or, worse, actively undermine its stated goal of leveling the international business playing field.

Financial Rewards for Whistleblowers

If you are aware of bribes being paid to a foreign nation, you may be entitled to a significant reward for your decision to become a whistleblower.  The Sarbanes-Oxley Act and the Dodd-Frank Act require the Securities and Exchange Commission to pay potentially significant rewards to whistleblowers who choose to notify the government of foreign bribery. The Dodd-Frank Act awards whistleblowers 10 to 30 percent of any money recovered of over $1 million that the agency attains from a violator after an enforcement action.

If you are employed by a company that is paying bribes to attract or retain business with a foreign nation, you need experienced Mississippi whistleblower counsel now.

Contact the Mississippi Whistleblower Attorney at (800) 707-9577 to speak to a Mississippi whistleblower immediately if you think you may be a Foreign Corrupt Practices Act whistleblower.  Not only is alerting the United States government the right thing to do, that act may entitle you to significant financial reward.

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Do You Have Enough Evidence to File a Whistleblower Lawsuit?

Being a whistleblower is another term for bringing a “qui tam” claim, which is a latin term meaning “he who sues for the king and himself.” In short, as a whistleblower in a qui tam case you are uncovering corruption for the good of society, but are also prosecuting a case to attain some financial reward for yourself. To get that financial reward, a qui tam investigation needs to gather significant evidence that fraud has actually occurred and then report it before someone else does. This can be a long and painstaking process. Before commencing a qui tam claim, you need to look at the evidence you already possess, the evidence you can obtain, and what key evidence you will be unable to obtain.

Because we now live in a world where business communications are largely conducted digitally, whether by email, text, or voice over internet phones, a large body of digital evidence may be available to you in the normal course of your job. Attaining and organizing this body of evidence is the first step, and an attorney will use this information to judge whether there is a sufficient evidentiary foundation to build a case around.

After that initial review, you may have to take a more stressful step of attaining evidence that you do not readily have access to. This is not a step to be taken without legal advice regarding what additional pieces of evidence are critical and how to legally attain them. Close communication with your legal counsel is key at this step, as several factors impact what information you can gather and whether you can distribute it.  Your legal status within the company, as well as any medical or legal privilege that may limit your ability to disseminate certain types of records, must be carefully considered.

There will usually also be information you cannot obtain or cannot obtain without undue risk to yourself, your career, or undue risk of discovery. Deciding what evidence is crucial and whether or not to continue to try to obtain it is a difficult decision best made with the advice of experienced counsel. The decision to continue seeking evidence or to simply file your claim is not an easy one, in part because time is of the essence.

You may be the only person to see that actual fraud is being committed, but others may also know or sense that something is amiss. Given the many ways in which most businesses are audited and tracked, other employees may also be starting to sense that something is “not right.”  That means that if you delay filing your qui tam claim too long, either due to indecision, fear, or a desire to gather additional evidence, you may lose “first-to-file” status. Losing the status means you receive no financial reward, as while the government is extremely interested in reports of fraud, they are not particularly interested in a second report of a fraud their already aware of. As a result, keeping your suspicions and evidence gathering to yourself is vital, as is the legal decision regarding whether you have sufficient evidence to go forward.

If you believe that fraud is occurring in your workplace, contact Barrett Law now at (800) 707-9577. This is not a situation for amateurs or even for attorneys who do not specialize in qui tam cases.  Barrett Law has the experience required to protect you and successfully bring a whistleblower claim on your behalf.

Barrett Law has a Mississippi Whistleblower Attorney with experience in protecting whistleblowers’ rights and attaining their financial rewards. Do not hesitate; call us for a consultation today.

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Mississippi Whistleblower Attorney Says Employer Conduct Can be Confusing

When you are a whistleblower, and you expose your employer for placing you in a position that you are not qualified for, it would make sense if your employer wanted to find you a different position. However, what would you think if your employer placed you in a different position for which you were just as unqualified as you were for the first job that they gave you? That certainly would be confusing, yet this appears to be what happened to a whistleblower who revealed that he didn’t meet the standards outlined in Navy regulations for the position that his manager placed him in at an aircraft maintenance facility.

When the man worked at the Fleet Readiness Center (FRC-East), his job was to administratively release aircraft for flight and make sure that all required inspections and maintenance got completed. When he made it known to the public that he was expected to do work that, according to Navy regulations, he was unqualified to do, he experienced difficulty and reprisal. The man worked with his attorney to pursue legal action intended to mitigate threats of future reprisals, and his employer offered him a new aeronautical engineering technician position. The man took the job and hoped that his concerns would fade into the background as he started in his new role as a metrology-engineering technician.

Unfortunately, the man found out that he is just as unqualified for his new position as he was for his previous position. The work of a metrology-engineering technician involves calibrating highly technical equipment, and he falls short of the standards outlined in Navy regulations for qualifications for that job. For example, he should hold a Bachelor of Science degree in engineering or physical science. He should also have completed a four-year metrology calibration apprentice training program, or he should have the equivalent skills that those programs would provide. In addition to those things, he should have four years of experience and extensive knowledge of the aircraft and their various systems as well as the methods for calibrating those systems, among other things. Just reading the list of qualifications for that position is enough to make a non-technical person’s head spin, and even for someone who has an engineering background, it is an intimidating list. However, when you consider the nature of what the person who does that job is doing, calibrating highly sensitive and very technical equipment on military aircraft, it is easy to see just how little room for error is in the work that the metrology-engineering technician performs. Simply stated, it is a violation of Navy regulations to employ that man in the position of a metrology-engineering technician. He does not have the educational background, training, or experience to meet the requirements outlined in the regulations.

Barrett Law PLLC:  Providing Support for Mississippi Whistleblowers

Whistleblowers can experience retaliation in a variety of ways, including reassignment to less desirable or otherwise inappropriate work. This type of retaliation is subtler than some of the other forms of retaliation, so many people might not even realize that it is happening. To learn more about whistleblower protection claims, call the Mississippi Whistleblower Attorneys at Barrett Law PLLC today at 1 (800) 707-9577 for an initial consultation.

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Mississippi Whistleblower Attorney Says Safety Risks Could Remain Hidden Absent Whistleblower Efforts

A recent Marine Corps aviation accident is raising questions about the safety of our nation’s military aircraft. A KC-130 crashed in rural Mississippi, killing sixteen people. Debris from the accident scattered over a wide area and people want to know what happened. Airplanes can crash for so many different reasons that thorough investigation is the only way to find out what happened. No information about the cause of the tragic accident was released, but we do know that the aircraft that crashed had departed from the Marine Corps Station in Cherry Point, which is in the same location as Fleet Readiness Center – East. Fleet Readiness Center – East is a Navy aircraft maintenance facility that made the news when a whistleblower revealed that he and others got placed in positions that required them to perform work that they were not qualified to do.

At an Air Force base in Arizona, an Air Force Fighter Unit got temporarily grounded due to problems with the oxygen systems on their planes. Some pilots reported that they developed oxygen deprivation symptoms during their flights. Fortunately, backup oxygen systems engaged in each case, but not before the pilots experienced a lack of oxygen, which indicates that there is a safety risk. Navy officials have also noted an increase in the number of reports of physical problems caused by oxygen contamination or unscheduled cabin pressure changes that are being experienced by their pilots.

The problems with the Air Force and Navy aircraft could get caused by the age of the planes or by improper maintenance. It is also possible that both factors are causing the pilots to experience those issues. Regardless of the exact cause of the issues, it is troubling that these problems are happening at a time when there is a concern over whether managers at military aircraft maintenance facilities are disregarding qualification requirements when selecting candidates for highly technical positions. It is possible that the work of unskilled employees is contributing to the overall risk involved in flying military aircraft because aircraft servicing and maintenance requires a high degree of skill, knowledge, and precision. It is possible that absent the disclosure of a whistleblower regarding his lack of skills and qualifications for the position that he got placed in, even more unqualified individuals than are already employed in highly technical positions could have gotten placed in similar positions where their lack of ability could put the safety of others at risk.

Barrett Law PLLC:  Standing up for Mississippi Whistleblowers

If you have exposed violations of the law or other rules in your workplace, you might experience retaliation in the form of intimidation, humiliation, bullying, harassment, or even job loss. Fortunately, if you have experienced any of those kinds of retaliation, you might be able to file a claim for damages under the whistleblower protection laws.  To learn more, call the Mississippi Whistleblower Attorney of Barrett Law PLLC today at 1 (800) 707-9577 for an initial consultation.

 

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Mississippi Whistleblower Attorney Reports on VA Director’s Dismissal

Most of us think that Fast and Furious is a series of action-packed movies full of danger, drama, and fast cars. There’s another Fast and Furious out there, though, and most people had no idea it was happening until federal agent John Dodson exposed the secret federal case that enabled thousands of weapons to get across the Mexican border and get into the hands of Mexico’s powerful drug cartels.

Dodson initially spoke about the Fast and Furious operation in an interview, saying that he was told to stand by and watch as guns crossed the border from the United States into Mexico, even though he understood his job to be to prevent illegal firearms trafficking to Mexican drug cartels. Dodson objected to the practice but was ordered to keep doing what he had been asked to do. Federal agents not only matched the guns come and go, but they also tracked their use in criminal activity on either side of the border. The goal was supposed to find out where all of the guns were going and then use that information to take down the cartels in dramatic fashion. That part never happened.

Unfortunately, one of the guns was used in the killing of U.S. Border Patrol Agent Brian Terry, in 2010. When Agent Terry got killed, the agency worked hard to cover up the link between the weapon used to kill Terry and the strategy that they had been using in the border region. The United States Department of Justice even wrote a letter denying that there was any connection between Agent Terry’s death and the Fast and Furious case. Terry’s death was one of approximately forty-three known deaths associated with weapons trafficked during the Fast and Furious case and other secret operations.

Six years after Dodson initially exposed the scheme in an interview, he says that he has become an enemy of the state. He’s been transferred through eleven different assignments within the Bureau of Alcohol, Tobacco, and Firearms (ATF) where he worked before the Fast and Furious operation and continues to work today. Dodson says that he has experienced marginalization and retaliation, in addition to the constant upheaval caused by the frequent transfers.

Barrett Law PLLC:  Providing Solid Defense Strategies for Mississippi Whistleblowers

Whistleblowers often experience retaliation in a variety of ways, including reassignment, harassment, humiliation, and threats of harm. Some forms of retaliation are subtler than others are, and sometimes it can take a while for an employee to realize that a pattern is emerging within their workplace environment that does not feel right. For that very reason, it is absolutely imperative that you talk with a whistleblower attorney about your experience so that you can pursue a claim for damages if the things that you have experienced do indeed add up to retaliation. To learn more about whistleblower laws and whistleblower protection claims, call the Mississippi Whistleblower Attorneys at Barrett Law PLLC today at 1 (800) 707-9577 to set up an initial consultation.

 

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