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 (601) 790-1505 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 (601) 790-1505 for an initial consultation.

The Office of Veterans’ Affairs (VA) is becoming synonymous with whistleblower retaliation cases. The cases are not all coming from the same VA hospital, but from all over the country, indicating that the problems that are coming to light as the result of the whistleblowers’ efforts are present throughout the VA health care system. In one recent case, VA officials indefinitely suspended the deputy chief of staff at the Cincinnati VA Medical Center after she wrote three prescriptions for a private patient. She got reassigned to a position in the basement of the VA hospital, where she does data entry. The attorney for the suspended deputy chief of staff calls the suspension a publicity stunt that is intended to deflect attention away from the VA’s troubled relationship with UC Health.

The problems that exist between the Cincinnati VA and UC Health, a department of the University of Cincinnati, point to a national issue. Medical schools across America have been placing graduates in residencies at VA hospitals for over seventy years. Unfortunately, the relationships between many medical schools and the VA are in trouble because the VA does not conduct a lot of accountability when it contracts with medical schools and teaching hospitals. Hours are double-billed, VA patients get sent outside of the VA system for care that the VA could provide, and other inappropriate practices continue unchecked in the absence of much-needed oversight.

The woman at the center of this controversy, deputy chief of staff Dr. Barbara Temeck, has served the VA as a surgeon and an administrator for over thirty years. Her suspension, which does not involve her competence or professional conduct, is likely to be followed by termination. If Temeck does get fired, it is probable that she will appeal the termination. The suspension is not the only job-related concern for Temeck right now. The U.S. Attorney’s office is reviewing a federal investigative report about her, and it is possible that she could face criminal charges in connection with that report. The disciplinary measures that the VA has taken against Dr. Temeck rise to a level that is more severe than the disciplinary measures that the VA takes in situations where there is extreme prescription misuse. As is common in whistleblower cases, the VA has its own set of allegations against Temeck, and only time will tell what path the situation will end up taking.

The Mississippi Whistleblower Protection Attorneys at Barrett Law PLLC know that whistleblower cases can take a lot of twists and turns. Barbara Temeck is near the beginning of her journey, and she has retained an attorney who can hep her every step of the way. Regardless of where you are in the whistleblower process, working with a lawyer is the best way to make sure that your rights get protected. If you experienced any kind of retaliation after you revealed wrongdoing in your workplace, a Mississippi Whistleblower Attorney might be able to help you recover any damages that were caused by the retaliation. To learn more, call the Mississippi Whistleblower Attorneys at Barrett Law PLLC, at 1 (601) 790-1505 to arrange an initial consultation.

Winning a lawsuit on a whistleblower protection is certainly a victory, but it is a victory that sometimes comes with a price. For Mike McQueary, that price would have been $1.7 million dollars, the amount of legal fees due to his attorneys for their work in representing him in his whistleblower case against Penn State University. Fortunately, a judge recently granted a separate award of $1.7 million dollars to pay for McQueary’s legal fees over and above the $5 million dollar verdict awarded to him in November. In addition to attorneys’ fees, the judge’s most recent verdict contained an award of legal costs for witness fees, transcripts, and the like, as well as a bowl bonus that McQuery would have earned if the University had not suspended him from coaching when it did.

When the judge wrote the opinion which accompanied the award of legal fees, he stated that it is unreasonable to expect whistleblowers to pay their legal fees after they have put their careers and their paychecks on the line to report suspected wrongdoing. According to the judge, awards of legal fees in whistleblower cases are a necessary component of making whistleblowers financially whole and may have the additional positive effect of encouraging other whistleblowers to come forward.

Attorneys for Penn State did not respond to inquiries following the award of attorney fees. They recently filed an additional document in the case, and they would like to see a new trial ordered, the amount of damages reduced, or the verdict overturned. Mike McQueary had reported an incident of sexual abuse that he witnessed in a team shower facility in 2001. University staff did not report the abuse to police or child welfare authorities, and McQueary went on to testify against former head coach Sandusky after Sandusky was arrested in 2011 and charged with forty-five counts of child sexual abuse. After Sandusky’s arrest, the University placed McQueary on paid leave and banned him from University athletic facilities. In 2012, when McQueary’s coaching contract expired, he was terminated. Since he got terminated from his position with the University, he has been unable to find employment.

The Mississippi Whistleblower Protection Attorneys at Barrett Law PLLC applaud brave individuals like Mike McQueary, who risk careers that they love to do what they feel is right. It ‘s hard to take a stand in the face of wrongdoing in your workplace, and the abuse that whistleblowers experience as the result of their actions can be extremely damaging both financially and emotionally. If you have suffered retaliation after exposing wrongdoing in your work environment, a Mississippi Whistleblower Attorney may be able to recover the damages that you have experienced. It is possible that you may even be able to recover your legal fees if you prevail in your whistleblower protection lawsuit. To learn more about filing a whistleblower protection lawsuit in Mississippi, call the Mississippi Whistleblower attorneys at Barrett Law PLLC, at 1 (601) 790-1505 to schedule 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 (601) 790-1505 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 (601) 790-1505 for an initial consultation.

The Social Security Administration (SSA) requires its employees to engage in periodic training exercises regarding their rights as employees and the protections against retaliation that are available to whistleblowers. Unfortunately, it does not appear as though the training is effective in actually protecting whistleblowers because the SSA continues to terminate people who expose wrongdoing within the agency.

For example, one SSA employee was recently fired four months after exposing abuse, waste, and fraud within his workplace. Ron Klym worked in the Milwaukee Office of Disability Adjudication and Review until just a few months after he spoke with Wisconsin Watchdog about problems in his office involving delays in adjudicating disability cases. He had also reported retaliation and misconduct to another government agency in the past. Before his termination, Klym had received excellent performance reviews for his work with the Agency.

Unfortunately, Ron Klym is not the only stellar SSA employee who ended up as a whistleblower without a job. Deborah Holland from the Madison Office of Disability Adjudication and Review lost her management position and was placed on a temporary administrative leave after exposing disturbing cover-ups and corruption in her workplace. Holland and Klym are just two of several employees who have alleged various types of wrongdoing within the SSA.

The whistleblower protection training for SSA employees is required by the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (the No FEAR Act). The intended purpose of the Act is to increase government agencies’ accountability for violations of whistleblower protection and antidiscrimination laws. Each employee must complete the training, which currently consists of a twenty-one-minute video and electronic certification, every two years. The whistleblowers who have lost their jobs do not feel as though the training is effective at protecting SSA employees from retaliation or discrimination because there is an ongoing workplace culture of retaliation. In other words, despite the mandatory whistleblower protection training, SSA employees can expect that if they blow the whistle, they will suffer for it in one way or another.

Barrett Law PLLC:  Protecting The Rights of Mississippi Whistleblowers

The SSA is just one government agency where mistreatment of whistleblowers seems to be integrated into agency culture. Individuals who work in agencies like these are likely to feel discouraged, and like there’s nothing that they can do to prevent the actions of those who are ready to deal harshly with them if they shed any light on things within their workplaces that are just not right. It is important that individuals who work in similar environments expose what goes on in their workplaces so that that the wrongdoing can be addressed and the harm that is being caused by the wrongdoing can stop. Whistleblowers take risks when they do what they do, including the risk of job loss, mistreatment, and other very personal forms of harm. If you have experienced discrimination or retaliation as the result of your actions as a whistleblower, the Mississippi Whistleblower Attorneys at Barrett Law PLLC may be able to help you. Call us today, at 1 (601) 790-1505 to arrange for your initial consultation.

Many whistleblower cases are political in nature, and some are high dollar value situations involving big-city governments. There is an ongoing investigation into bribery within the city of Jackson which may be connected to similar problems that have surfaced over in Atlanta.

One woman who used to work for the city of Jackson was responsible for certifying companies for the city’s minority business program. She has in-depth knowledge of which companies were being registered and by whom, and which contracts those companies were getting. One individual, who contributed fifteen thousand dollars to the mayor’s campaign, registered two companies right after an election and those companies went on to win part of a valuable contract. The same person joined with a suspect in the Atlanta bribery case to register a third company, in 2015. That company won part of a major hotel construction project. Other people who are connected to the Atlanta bribery scandal had also formed companies in Jackson, but not all of them had secured contracts by the time that the scandal broke.

During the time that the woman worked for the city of Jackson, Kishia Powell was the director of public works in Jackson. Powell is currently the Watershed Commissioner in Atlanta and is being investigated as part of a bribery situation there. It is possible that Powell was steering contracts while working in Jackson, just as she is suspected of doing in Atlanta. Powell’s attorney has issued a statement that says that she has never steered any contracts.

Because of the duties of her position, the former Jackson employee saw the connections between some of the people who were registering businesses in the city and the former public works director. She also witnessed corruption on several Jackson committees and has cooperated with investigations of those situations. The woman got fired from her position in Jackson, and she is suing the city for sexual harassment in addition to retaliation. She would like to encourage individuals who find themselves in positions like the one that she was in to cooperate with investigations because they have valuable information to contribute. The way that municipal governments work, especially in major cities, places some people in positions where they can see things that no one else can see. When contract steering, bribery, or other wrongdoing is taking place, the people who are engaging in the wrongdoing often seek to discourage anyone who might see what’s going on from doing anything about it, and they don’t always discourage them gently.

The Mississippi Whistleblower Attorneys at Barrett Law PLLC support brave individuals like the woman who used to work for the city of Jackson who try to address possible wrongdoing in their public or private workplaces. If you have experienced retaliation for cooperating in an investigation or exposing wrongdoing, you may be able to seek legal protection as a whistleblower. To learn more about whistleblower protection, call the Mississippi Whistleblower attorneys at Barrett Law PLLC  today, at 1 (601) 790-1505 to schedule an initial consultation.

Whistleblower cases occur in all kinds of workplaces. A recent case in Flowood serves as an example of how a police officer might bring a whistleblower claim against a municipality after being forced to resign.

A patrolman from Flowood alleges that he was obliged to resign after he was accused of using excessive force during the arrest and conviction of a woman who had caused a car accident. The woman was belligerent and uncooperative towards the officer and towards other officers that were working with him. A blood sample was eventually taken from the woman, and the test result showed that her blood alcohol level exceeded the legal limit.

As you can see from the description of what happened, it appears as though the woman should have been charged with DUI. The officer had charged her with DUI, but at some point, the chief of police approached him to talk about the woman’s arrest. The chief of police suggested to the officer that the woman might not have been intoxicated when she got arrested, that it was possible that she had been under the influence of Ambien, a prescription sleep medication. The officer told the chief that if that were true, then she should not have been driving.

After that conversation, the officer realized that the chief might have been suggesting that he drop the woman’s DUI charges. Shortly afterward, the chief met with the officer again, this time to discuss his arrest record. The chief told him that he had charged more people with assault on an officer than any other officer in the department. The officer replied that he felt that it was important that officers enforce the law to protect themselves from harm. He also interpreted the conversation as a second suggestion that he drop the woman’s DUI charges. When he did not drop the charges, the chief had a Lieutenant review a video of the officer’s interactions with the woman while she was at the police station. The Lieutenant claimed that the video showed that the officer used excessive force towards the woman, that he belittled her, and that he would recommend that the officer be fired. The officer chose to resign and then brought a lawsuit against the police department for wrongful termination.

Employment in Mississippi is generally at will. However, the McArn doctrine provides an exception to the employment-at-will doctrine that acknowledges wrongful termination if an employee gets fired for refusing to participate in an illegal activity or for reporting illegal activity by his employer. While the officer does not contend that he was asked to take part in any illegal activity, he does assert that being fired after being asked by his employer to refrain from charging an intoxicated person with DUI should be considered reporting illegal activity by his employer. The officer maintains that he got fired for doing his job properly.

The officer’s wrongful termination whistleblower claim got dismissed by the circuit court, and he appealed the decision to the Mississippi Court of Appeals. The Court of Appeals upheld the dismissal, which noted that if the court were to rule for the officer, every disciplinary action or personnel decision that any law enforcement agency makes could potentially result in a wrongful discharge lawsuit.

Barrett Law PLLC:  Standing Strong for Mississippi Whistleblowers

If you would like to learn more about whistleblower protection in Mississippi, call the Mississippi Whistleblower Attorneys at Barrett Law PLLC today at 1 (601) 790-1505 to schedule an initial consultation.

Washington University in St. Louis conducts a lot of research, especially in the fields of medicine and medical technology. Research of that nature is critical and is also extremely expensive. Fortunately, the federal government supports research at Washington University and many other research institutions by providing them with funding for their research through federal grants and contracts, to the tune of hundreds of millions of dollars each year.

Some of the federal money that Washington University receives is just given to the university by the government, to use as the university sees fit. Other funds are given with strings attached. There is personnel at the University that work with the contract money, individuals who do the job of purchasing supplies for the various research projects in accordance with any requirements that are attached to the funding.

One woman who did that type of work for Washington University is Beth Owen. Beth worked as a contract management liaison for the University from 2014 to 2015. As part of her work, Beth was responsible for overseeing purchase orders that were associated with money that had been given to the University on the condition that a specific percentage of purchases be made from minority-owned vendors and service disabled veteran-owned businesses.

While she was performing her job duties, Beth was instructed by her supervisor to approve any and all purchase requests for a Mississippi-based company called RAS Enterprises. RAS is a business that is certified as a minority-owned vendor and a service disabled veteran-owned business, and it supplies laboratory equipment to the University. As Owen went about her work, she became concerned about the price structure that RAS was using, so she decided to look into it by approaching a University administrator and asking them about the details of the equipment pricing. The administrator told Owen that RAS didn’t provide the laboratory equipment, but they were paid a handling fee to ship equipment to the University that was purchased from Fisher Scientific. This did not sit right with Owen, who believed that using RAS as a middle man to comply with the requirements that were attached to the federal funding was illegal. Owen brought the issue to the attention of her supervisor, and she was subsequently fired. Owen has filed a lawsuit in connection with her termination, claiming that in firing her, the University violated provisions of state law that protect whistleblowers who have a good faith belief that their employer has broken the law.

The Mississippi Whistleblower Attorneys at Barrett Law PLLC support brave individuals like Beth Owen who try to address possible wrongdoing when they see it happening in their workplaces. If you lost your job after attempting to work with others in your company to investigate or correct possible improper business activity, you might qualify for legal protection as a whistleblower. To learn more, call the Mississippi Whistleblower attorneys at Barrett Law PLLC at 1 (601) 790-1505 to arrange a free, initial consultation.