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Whistleblower retaliation can occur in any workplace when a whistleblower’s disclosure of inappropriate conduct within the workplace threatens “business as usual.”  Many times, whistleblowers feel like they must disclose improper activity because doing so is part of their job. That is what happened to Beth Svec, a detective for the Chicago Police Department.

In 2015, Svec was selected to participate in a pilot program where detectives conducted follow-up investigations in cases where there was an arrest for unlawful possession of guns. The follow-up investigations were a part of Svec’s job when she was assigned to investigate a case in which two officers arrested two men. As part of the investigation, Beth Svec talked with the two officers, who told her a version of the events of the arrest that matched what they had written in their police reports regarding the incident. The remainder of the investigation involved Svec interviewing the two men who got arrested, as well as talking with eyewitnesses and watching video footage.

When Svec conducted those parts of her follow-up investigation, the accounts of the two men, the remarks from the eyewitnesses, and the video footage all told a story that agreed with each other but not with the accounts of the officers or their police reports. Since there was a discrepancy between the two stories, Svec told the officers about it.

The officers immediately told their supervisors about what had happened, and Svec told her supervisors about it as well. There was a disagreement over whether the two men should be charged with felonies. Svec spoke with the state’s attorney’s office, which chose not to charge the men with felonies. The State’s Attorney’s Office contacted the Chicago Police Department’s Bureau of Internal Affairs which started an investigation into the matter.  The city’s Independent Police Review Authority is also investigating the case, as is the United States Department of Justice.

After all of that, Svec got informed that she was no longer part of the gun crime case investigation project and that she was getting transferred to another district. Her work schedule even got changed so that she was only working midnight shifts. Beth Svec considers these actions forms of retaliation because she has been stripped of some of her duties, reassigned, and given shifts that are less desirable than the schedule that she was working previously. She has filed a whistleblower protection claim seeking compensation as well as reinstatement to her previous assignment.

Barrett Law PLLC:  Providing a Strong Defense for Mississippi Whistleblowers

Whistleblowers like the detective whose case is discussed above can experience retaliation in a variety of ways. Sometimes, retaliation takes the form of in-your-face bullying or harassment. At other times, there may be threats of violence, threats of humiliation, or threats of some other harm. In Beth Svec’s case, the retaliation was more subtle – barring her from participating in a special project, reassigning her to a different district, and changing her work schedule. This is subtler than some of the other forms of retaliation, but it is possible that those things are also retaliatory actions. If you think that you might have experienced retaliation, you might be able to file a claim for damages. To learn more about whistleblower protection claims, call the Mississippi Whistleblower Attorney at Barrett Law PLLC today at 1 (800) 707-9577 for an initial consultation.

 

 

When a whistleblower steps out and speaks up about the inappropriate conduct that they see within their workplace, they risk many things for the sake of doing what is right. Unfortunately, in addition to job security, reputation, and other things, their physical and emotional health may be compromised.

A woman who is the lead case technician at the Madison, Wisconsin Office of Disability Adjudication and Review (part of the Social Security Administration, or SSA) is living out the nightmare of what can happen to a whistleblower’s health after they shed light on inappropriate activity in their workplace. Federal employees are required by law to report abuse, waste, or fraud that they see within their agencies, so the woman is suffering because she did her job properly.

As with other whistleblowers who experience retaliation, the woman is stuck between two unappealing options – stay and continue to be treated terribly, or leave and lose her livelihood. Being trapped in that position is not only difficult, for this woman it is causing her physical harm. The stress that she experiences as the result of the way that she gets treated at work has caused her to have migraines much more often than she has ever had them before. She has even been having what doctors call “mini-strokes” because of the stress that she is subject to at work. She is at high risk for major stroke. The woman’s doctor has even suggested that she stop working until her whistleblower case is resolved, stating an admirable yet unachievable goal of zero workplace stress that would be hard for her to attain even if she were to leave her position at the Madison SSA.

The Madison SSA, which is currently under investigation for cover-ups, corruption, poor hiring practices, racism, sexism, and more, has given the woman permission to work at home, which she does. Unfortunately, working from home has not protected her from workplace bullying. Harassment now comes in intimidating emails, instant messenger messages, and phone calls. The woman is gradually getting stripped of her duties, which is humiliating and adds stress on top of the stress from the harassment. This particular employee is one whose work performance was lauded before she became a whistleblower. She has received numerous awards for excellent work during her time at the SSA.

The woman who is suffering ill health as the result of workplace retaliation at the Madison SSA is not alone in her experience. A recent study of twenty-five whistleblowers indicated that they were either let go from their jobs or forced out of them by increasing pressure through bullying and harassment until they finally cracked under pressure and left. The SSA and other employers are not supposed to retaliate against whistleblowers, but the anti-retaliation provisions of the whistleblower protection laws don’t seem to prevent employers from engaging in bullying, demotion, harassment, and other retaliatory actions.

Barrett Law PLLC:  Defense for Mississippi Whistleblowers

If you have reported inappropriate conduct in your workplace, you are probably protected by the whistleblower protection laws. If you are experiencing retaliation like intimidation, humiliation, bullying, harassment, or another kind of unfair treatment you might be able to file a claim for damages.  To learn more, call the Mississippi Whistleblower Attorney of Barrett Law PLLC today at 1 (800) 707-9577 for an initial consultation.

 

There has been a battle going on in the Atchafalaya Basin in Louisiana for over ten years now, and despite a whistleblower’s victory in court, real change seems like a distant hope. A few years ago, Dan Collins sued the state of Louisiana after he blew the whistle on a Bayou dredging project and subsequently got denied contract work. In 2015, he won his case, but his $750,000.00 victory has proven hollow, and not just because he hasn’t seen any of the money yet. The state has appealed the verdict, and the oil and gas drilling activities in Bayou Postillion continue despite his efforts to stop them and despite the fact that those actions have resulted in multiple violations of environmental laws. It is unclear what an appeal is likely to accomplish, given the fact that the state’s environmental whistleblower statute did not require Collins to prove that any environmental laws got broken. All he had to do is establish a reasonable belief that one or more laws got broken and that he had suffered retribution for exposing the possible violations.

Bayou Postillion is not a scenic waterway, by any means. It’s more of a canal that runs perpendicular to the Intracoastal Waterway. In the 1960s, the Bayou began filling in with sediment. By the early 2000s, so much sediment had gone into the bayou that the mouth of the bayou got cut off from the rest of the Intracoastal Waterway. The effect on the bayou ecosystem was dramatic and devastating. As the sediment level rose, the water level fell. The water became stagnant and less capable of sustaining life. To address the problem, in 2003, the Louisiana Department of Natural Resources started in on what it called a model environmental enhancement project that would dredge the bayou to improve water circulation and sediment flow. The dredging work began in 2004 and got completed during 2005.

Collins was hired to do title searches for land that was to be involved in the aforementioned dredging project. As he went about his work, Collins discovered plenty of evidence that the dredging was being done to facilitate lucrative, yet environmentally destructive, oil and gas drilling on bottom areas owned by families who have political connections in the local area. A few years before the project started, there are records of discussions about dredging the bayou to accommodate barges for energy production. During the project, Collins noticed that the dredging was deeper than would be needed to improve the water quality and deep enough to accommodate commercial vessels. After the dredging project had got completed, seven natural gas wells were drilled in the bayou, right where the dredging had occurred. Collins has been asking state and federal government officials to investigate the claims that he made in his lawsuit, but to his knowledge, the claims have not yet been explored.

Barrett Law PLLC:  Protecting the Rights of Mississippi Whistleblowers

Whistleblowers take great risks in exposing wrongdoing within their workplaces. If you got mistreated or fired after becoming a whistleblower, the Mississippi Whistleblower Attorney at Barrett Law PLLC might be able to help. Call us at 1 (800) 707-9577 to arrange an initial consultation.

When something is wrong, it’s wrong, right? Unfortunately, some people would argue that in whistleblower protection cases, the motives of employees who expose wrongdoing should be considered when deciding whether to cover them with the protections of the 2012 Whistleblower Protection Enhancement Act. On the other hand, some people believe that wrongdoing is wrongdoing and those who expose it must be protected regardless of their motivations for doing so.

An amicus brief discussing this issue recently got filed by the United States Office of Special Counsel (OSC) in a Whistleblower Protection Act case. The OSC took the position that a disclosure that would be protected under the Act should not lose protection because the whistleblower had an axe to grind when they disclosed it. In the case for which the amicus brief got filed, Ryan v. Dep’t of Defense, DC1221-16-0264-W-1, 2017 WL 134320 (Jan. 10, 2017), a police officer in the Pentagon Force Protection Agency disclosed that two of his co-workers were sleeping on the job. After he had made that disclosure, the Agency retaliated against him in multiple ways, including written and verbal counseling statements.

The Administrative Judge decided that the disclosure made by the officer is not a protected disclosure because the judge felt that the officer’s motive was not to show that there was wrongdoing that was going unchecked but was more akin to interpersonal squabbling. In making that decision, the Administrative Judge relied upon a case as precedent that was decided before the Whistleblower Protection Enhancement Act of 2012 (WPEA). The Act clearly states that the intention of the whistleblower is irrelevant to whether or not a disclosure should be protected. This provision makes sense when you consider that the intent of the WPEA is to encourage the reporting of government fraud, abuse, and waste.

The disciplinary actions that got taken against the officer also violate the Whistleblower Protection Enhancement Act. The Act specifies that agency officials may not threaten an employee or take personnel actions based on disclosures that the disclosing employee reasonably believes to be evidence of some wrongdoing as wrongdoing is defined by statute. The officer reported that his co-workers were sleeping on the job because he believed that it was evidence of wrongdoing, and that belief is not unreasonable.

Barrett Law PLLC:  Comprehensive Defense for Mississippi Whistleblowers

Whistleblowers like the police officer whose case is discussed above often get a raw deal after they try to correct the wrongs that they witness in their workplaces. If you have reported wrongdoing in your workplace, you are likely protected under one or more whistleblower protection laws. This means that any retaliation that you experience, any undue disciplinary actions, intimidation, reassignment, harassment, or other unfair treatment is a violation of the whistleblower protection laws and you may be able to file a claim for damages.  To learn more about how you might be able to pursue a claim for damages under the whistleblower protection laws, call the Mississippi Whistleblower Attorney at Barrett Law PLLC today at 1 (800) 707-9577 for an initial consultation.

The U.S. Court of Appeals for the Ninth Circuit recently issued a decision that highlights an area where the circuit courts are divided on how to handle an issue. The decision involves the treatment of internal whistleblowers, and the court ruled that employees who report suspected violations of federal securities laws to others within their workplace and not to the SEC fall within the whistleblower protection provisions of the Dodd-Frank Act. The decision is intended to compel those people within a place of work to whom potential violations are reported to handle the reporting parties with care and respect because any retaliation could trigger a whistleblower protection claim.

Section 21F of the Dodd-Frank Act states that employers may not harass, threaten, intimidate, or take any other type of adverse action against an employee who reports a suspected violation of securities law or other statutes. The Act provides a remedy for any employee who does experience harassment, threats, intimidation, or adversity in the form of a federal whistleblower protection claim. Damages that an employee may pursue through a whistleblower protection claim include reimbursement for legal fees and costs, reinstatement to their former position, and an amount of compensation equal to twice the amount of their back pay, plus interest.

This particular decision turned on the definition of the term “whistleblower,” as defined by the Dodd-Frank Act. Attorneys for the whistleblower’s employer argued that since the term “whistleblower” is defined in Section 21F of the Dodd-Frank Act as a person who reports suspected violations of the federal securities laws to the SEC, the plaintiff should not be allowed to bring a whistleblower protection claim under the Dodd-Frank Act because he had not brought his concerns to the SEC before he got fired. The court disagreed with that argument and ruled that distinguishing between internal whistleblowers and those who have gotten as far as reporting the suspected violations to the SEC would unnecessarily narrow the applicability of the Dodd-Frank Act. Whistleblowers usually report suspected violations to the SEC after attempts to have their concerns addressed by the company go unheeded. Not all whistleblowers can get to that point before they get terminated from their position. It doesn’t make sense to protect only whistleblowers who get past a particular stage in the process of reporting a suspected violation and attempting to get it addressed because the vulnerability that the Dodd-Frank Act was designed to protect begins as soon as an employee reports an alleged violation, whether that statement gets made internally or externally.

Barrett Law PLLC:  Protecting Mississippi Whistleblowers

Whistleblowers become vulnerable at the moment that they report a possible breach of the law to anyone, whether within their company or outside of it. They become open to the threat of all kinds of mistreatment, and they risk losing the income that they use to support themselves and the career that they worked so hard to build. If you got harmed after becoming a whistleblower, the Mississippi Whistleblower Attorney at Barrett Law PLLC might be able to help. Call us today, at 1 (800) 707-9577 to arrange an initial consultation.

Some people might joke that they dream of being paid six figures to sit around and do nothing. The reality is that many people do like to work, especially those who have found employment that is meaningful to them. To many people, the thought of being paid to sit and do nothing all day seems more like a nightmare than a dream. Unfortunately, there are situations in which highly skilled workers who are capable of making a big difference in the world get deprived of the opportunity to do so after becoming whistleblowers.

Dr. Dale Klein knew that he was doing the right thing when he called attention to the secret wait-lists, suspected black market prescription resale, and manipulation of wait times that he witnessed at his workplace, the V.A. in Poplar Bluff, Missouri. He reported the issues first to his superiors at the V.A., and then, after they did nothing to address his concerns, he reported them to the inspector general. Unfortunately, Dr. Klein’s bold and decisive move gave the top-rated pain management specialist a new position as quite possibly the highest-paid federal government employee whose job entails doing absolutely nothing. Dr. Klein would rather be helping veteran manage their pain, but, instead, he earns his $250,000.00 salary by sitting in a chair in a tiny office.

As soon as Klein blew the whistle, the V.A. placed him on administrative leave and stripped of his privileges, his patients, and his entire pain management practice. They even tried to fire him, alleging frequent acceleration of trivial matters through the chain of command. The Office of Special Counsel stated that Dr. Klein was a whistleblower and, as such, could not be terminated. Instead, the V.A. turned to retaliation in the hope of silencing him. The V.A. has been advised to stop the retaliation. In January, Senate Homeland Security and Government Affairs Committee Chair Ron Johnson wrote a letter to the acting secretary of the V.A. requesting that the V.A. stop its campaign of retaliation against Klein.

Whistleblower retaliation is a frequent occurrence throughout the V.A. health care system. A whistle-blowing employee at the Denver V.A. recently quit due to unbearably hostile workplace conditions. That employee was leading the Post-Traumatic Stress Disorder clinical team in Denver and, like Dr. Klein wanted to dedicate his life’s work to assisting those who have served our country. He, like Klein, reported secret wait-lists that kept veterans suffering from PTSD waiting months and months for mental health care services. The delays in receiving care have proven deadly in some cases, where veterans who suffer from PTSD are unable to wait to receive care and end up committing suicide. This deeply compassionate, motivated, and talented individual also sits at a desk and does nothing all day after being stripped of his responsibilities. A senator intervened on his behalf and got the inspector general to launch an investigation into the matter, and the senator is also trying to pass a whistleblower protection bill that is aimed specifically at the V.A.

Barrett Law PLLC:  Compassionate Support for Mississippi Whistleblowers

Whistleblowers often get mistreated after they try to right the wrongs that they witness at work. If you have tried to address violations of the law in your workplace and you have been treated poorly as the result of your efforts,  call the Mississippi Whistleblower Attorney at Barrett Law PLLC today at 1 (800) 707-9577 for an initial consultation.

Few things are as disturbing as having your mental health status called into question, especially if it is done publicly. Unfortunately, businesses and organizations often go after whistleblowers with precisely this type of attack, attempting to discredit what the whistleblower has said about the organization by alleging that the whistleblower is mentally ill. These allegations of mental illness are often made publicly, in news stories, interviews, and other media releases.

Research into whistleblower cases in the United States, the UK, and Europe has revealed a troubling amount of cases in which firms attacked the mental health of whistleblowers in various ways. This is disturbing, because the retaliation and other effects, including job loss, that many whistleblowers experience do affect people’s mental well-being. Workplace bullying and job loss can contribute to the development of mental illness or adverse health effects like anxiety, depression, alcoholism, drug abuse, and even suicide or attempted suicide. Those mental health effects, which are caused by the mistreatment that the whistleblowers experience at the hands of the organizations that they work for, are unrelated to the mental states of the whistleblowers at the times that they revealed the wrongdoing within their organizations.

When organizations allege that a whistleblower’s claims against them should be discredited because the whistleblower suffers from mental illness, it takes the attention away from the wrongdoing and puts it, unfairly, onto the person who was brave enough to speak out. Some individuals are forced to attend counseling, others get placed into residential mental health programs, and others simply get accused of being mentally ill. It is an unfair, hurtful, and, unfortunately, effective tactic that diverts attention away from the real issue. When individuals and the media pay attention to what the organizations are saying about the whistleblowers instead of to the stories that the whistleblowers are trying to tell, organizational misconduct can continue, unchecked. The people who choose to believe the organization instead of the whistleblower become, in essence, participants in continuing the improper activity. The individuals themselves may unwittingly, and under duress, feed into the pictures that the organizations are trying to paint of them by attempting to aggressively manage their reputations to a point where they do appear to have something strange going on with them.

Barrett Law PLLC:  Unwavering Support for Mississippi Whistleblowers

The way in which businesses and agencies treat people who expose their misconduct is nothing short of appalling. From attacks on mental health status to impoverishment through job loss and destruction of reputation, bullying, and other harmful actions, organizations often create mental health crises in individuals who enjoyed a high degree of mental health and personal well-being before they spoke out against their employers. Whistleblowers play a significant role in righting the wrongs that businesses and agencies hope will never see the light of day. If you have questions about whistleblower protection, call the Mississippi Whistleblower Attorney at Barrett Law PLLC today at 1 (800) 707-9577 for an initial consultation.

We often hear about what happens to whistleblowers after they attempt to address wrongdoing within their workplace with people within the workplace who could help them to do so. Whistleblowers often experience retaliation in varying degrees, including mistreatment within the workplace, termination, and continued bullying and harassment from people affiliated with their workplace even after they get fired.

In addition to bringing attention to the effects of retaliation on whistleblowers, it is important that we pay attention to what can happen in regards to the wrongdoing that caused the whistleblowers to speak up in the first place. In some cases, the wrong that is exposed by a whistleblower gets addressed and remedied. The ways in which this can happen are, of course, as varied as the wrongs that get exposed.

One thing that can happen after a corporation’s illegal actions are brought to light by a whistleblower is litigation. You may already be aware that a whistleblower brought attention to the cost and construction estimation debacle that is the Kemper “clean coal” power plant project in Kemper County, Mississippi. The whistleblower believed that Southern Company put a positive spin on some very negative facts regarding construction progress and cost projections for the power plant because the company knew that investors would panic if they became aware that the project was in danger of losing federal subsidies because of the delays in completing the project.

Southern Company’s “positive spin” that it presented to investors may have gone so far as to result in violations of the Securities Exchange Act of 1934. Recently, a class action lawsuit was filed on behalf of shareholders who purchased Southern Company securities during the period from April 25, 2012, to October 29, 2013. The complaint alleges that Southern Company did not disclose construction setbacks to its investors, even though those delays would prevent the project from being completed by a deadline that the company had announced previously. When the delays and the associated cover-up were disclosed, the value of the company’s stock declined.

Barrett Law PLLC:  Protecting Mississippi Whistleblowers

The filing of a class action lawsuit for investors in the Kemper “clean coal” project is just one example of what kinds of things can happen after a whistleblower sheds light on corporate wrongdoing. Investors trust the information that the companies that they have invested in give to them, and when the information that they get is not truthful, the investors’ financial well-being is placed at risk without their knowledge. It is important that corporate misconduct like this is brought to the attention of regulators and the public so that it can be addressed. This is why whistleblowers play such an important role. Whistleblowers take a risk in exposing the wrongs that they bring to light, and they often suffer personally after they have done so. If you have experienced retaliation as the result of your actions as a whistleblower, the Mississippi Whistleblower Attorney at Barrett Law PLLC might be able to help you. Call us today, at 1 (800) 707-9577 to set up an initial consultation.

Whistleblower cases happen in all kinds of workplaces, from large multinational corporations to smaller businesses and everything in between, including government agencies. A top official within the National Security Agency is currently involved in a whistleblower retaliation case against the Agency.

This high-level case affects the whistleblower and the Inspector General of the National Security Agency, who has been placed on administrative leave after he denied a particular job assignment to the whistleblower. The case could also provide support for Edward Snowden’s assertion that he would have been retaliated against if he had reported the government’s domestic surveillance program.

Some whistleblower cases involve specific laws or procedures, depending upon the type of information that the whistleblower wants to disclose or the type of company or agency where the whistleblower is or was employed. For example, this whistleblower case is the first case to go through a process that President Barack Obama created in 2012 to give intelligence employees a means by which they can report suspected wrongdoing without experiencing retaliation in the form of restricted access to classified information, losing their security clearances or other negative consequences. It is unclear whether the Trump administration will choose to continue the program.

In this case, the whistleblower alleged that there was financial misconduct by the National Security Agency in connection with a conference that took place in Nashville, Tennessee. After he had done this, his name was made known to the Inspector General, even though the aforementioned process should have prevented that from happening. After that, the whistleblower got passed over for an assignment within the Inspector General’s office of investigation.

Barrett Law PLLC:  Strong Support for Mississippi Whistleblowers

Whistleblower cases are a varied lot. Whether you work for a government agency on a local or national basis or a large or small company, it is possible that you could witness wrongdoing within your workplace. If that happened, you would hope that your concerns would not only be heard and addressed by those in charge in your workplace, you would hope that no harm would come to you for helping your organization identify and correct misconduct that violates the law. Unfortunately, this is all too often not the case. Individuals seeking to do the right thing are often met with harsh consequences. If you have attempted to address a concern about misconduct in your workplace with workplace leaders and your efforts were met with retaliation, you might be able to file a whistleblower retaliation claim. Retaliation can harm an individual in many ways, from economic damage associated with losing a job or experiencing a change in job duties to emotional damage from bullying and humiliation. If you are a whistleblower who has experienced any type of retaliation, the Mississippi Whistleblower Attorneys at Barrett Law PLLC might be able to help you.  To learn more, call the Mississippi Whistleblower Attorneys at Barrett Law PLLC today at 1 (800) 707-9577 to schedule an initial consultation.

While there are many interesting and important whistleblower cases taking place in America right now, it is essential that we also take the time to look at the things that whistleblower around the world have been able to accomplish in the name of exposing corruption and pursuing justice.

A husband and wife team from Russia felt that the International Olympic Committee (IOC) betrayed them after they exposed state-sponsored doping in their home country.  Yulia Stepanova is a runner who competes in the 800-meter event, and her husband Vitaly is a former anti-doping official. The couple had to flee Russia after they released information to international news outlets that helped to expose the systematic cheating that has been going on in Russia. Yulia has lots of experience with the Russian doping system because she took part in it for years before being banned from competition for two years. After she had served her ban, she and her husband decided to speak out about what was going on; they became whistleblowers. After the issue of Russian doping was exposed, Russia got suspended from participating in global track and field competition, and all but one of Russia’s Olympic track and field team members were excluded from competing in the Rio Olympics.

Yulia had applied to the IOC to compete at the Olympics as an independent athlete, but the Committee denied her application despite the recommendation of the International Association of Athletic Federations (IAAF) that she be allowed to compete as a neutral athlete. The IOC claims that her past doping case and other concerns supported their rejection of her application because she did not meet the ethical requirements that athletes must meet to be allowed to compete in the Olympics. The IOC did offer to bring the Stemanovas to the games to watch the competition as VIP guests, but the couple felt as though that was a bribe. The Stepanovas also felt that the IOC’s denial of Yulia’s application to compete in the Olympics was unfair, and they pursued the matter. Now, the IOC has agreed to give Yulia financial support so that she can continue her career as a runner. They have also decided to employ Vitaly as a consultant on the issue of doping control.

Barrett Law PLLC:  Helping Mississippi Whistleblowers Fight the Good Fight

If you witnessed violations of federal law in your workplace and you exposed them, you did the right thing. Whistleblowers are sometimes the only way that corporate and institutional wrongdoing could be exposed because organizations have such tightly coordinated methods of hiding their wrongdoing from the public and from regulatory agencies and other organizations that uphold the laws. If you have suffered retaliation or harm after taking action as a whistleblower, the Mississippi Whistleblower Attorneys at Barrett Law PLLC could help you.  Our attorneys understand the complexities of whistleblower law, and they can help you understand the whistleblower case process as they help you through it.  Call the whistleblower protection attorneys at Barrett Law PLLC today at 1 (800) 707-9577 to set up a free, initial consultation.