Last month, the Occupational Health and Safety Administration issued a Final Rule which sets forth the procedures by which specific categories of whistleblower retaliation complaints, namely those which are described in Section 806 of the Sarbanes-Oxley Act, will be handled by the Administration. The claims covered by the Final Rule may be brought by various classes of employees and contractors, and Section 806 protects them against retaliatory actions by their employers. These retaliatory actions, such as demotions or dismissals, are sometimes taken by companies, against whistleblowers, in connection with the whistleblowers’ actions in reporting violations of Securities and Exchange Commission rules or other laws to the appropriate authorities.

Now that the Occupational Health and Safety Administration has issued its Final Rule, whistleblowers can feel confident that if they experience retaliation after exposing wrongdoing on the part of their employer, the provisions of the new Final Rule support an outcome that will repair the damage that was done by the retaliation. Whistleblowers play an important role in ensuring that companies who break rules will be held accountable for their actions. It is hoped that the Final Rule will help deter companies from taking retaliatory actions against present and future whistleblowers, in addition to offering protection to those who have already experienced retaliation.

Another important feature of the recently issued Final Rule is that complaints may be made verbally. Section 806 complaints used to have to be written, and had to include a full description of the alleged wrongdoing. The Final Rule allows whistleblowers to verbally relate their complaint to an investigator from the Occupational Health and Safety Administration, who then reduces the complaint to writing. The Final Rule also provides for the reinstatement of the complainant to their former position while a dispute is pending, or, in the alternative, under the Final Rule, the complainant may collect the same pay and benefits that they would have been collecting in their former position, without having to return to work.

Barrett Law PLLC:  Defending the Rights of Mississippi Whistleblowers

The Final Rule that was recently set forth by the Occupational Health and Safety Administration supports whistleblowers that have experienced retaliation as they went about their quests for justice.  To learn more, or if you have experienced any type of retaliatory action at the hands of your employer, the Mississippi Whistleblower Attorneys at Barrett Law PLLC are here to help you.  Our attorneys are skilled at navigating the complexities of whistleblower lawsuits, and they can help you pursue a successful resolution of your case.  Call the hard working and dedicated whistleblower attorneys at Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free, initial consultation.

It is rare that a whistleblower prevails against a for-profit educational institution, but Heidi Weber has finally succeeded in doing just that. Her victory originally came in 2013, when she won a $400,000 jury award in her lawsuit against Globe University. Weber had worked as a dean in Globe’s medical assistant program until she was fired after informing authorities about unethical recruiting practices that she says were routinely employed by university staff.

According to Weber, whose office was located adjacent to where admissions representatives were working, the admissions representatives would say just about anything to convince prospective students to enroll, including misrepresenting what graduates of the program could hope to accomplish financially after they graduated, providing overly optimistic job placement rates, and even telling prospective students that they could transfer their credits to other colleges when those colleges would not actually accept them. When Weber started trying to resolve her concerns internally, by speaking with college officials up the chain of command, she was told to keep quiet. When she refused to do so, she was fired. Globe University claims that she was fired because of performance concerns, and not because she accused university officials of wrongdoing.

Globe University is a career school that was established in St. Paul, Minnesota in 1885 as a business school. Since the 1970’s, the college has since expanded into a chain of schools that offers on-campus and online degree and certificate programs. Globe University had been growing by leaps and bounds from 2003 to 2010, opening many new campuses and tripling its enrollment. However, the college has been experiencing significant difficulties since 2010. Heidi Weber’s win against Globe University is one of several problems that the college is currently experiencing. Enrollment has dropped sixty percent since 2010, and the college has been sued by the Minnesota Attorney General, who alleges that Globe defrauded students in its criminal justice program.

Weber’s case is unique in that it is one of the first cases in which a whistleblower was awarded compensation by a jury in a case involving a for-profit college. Other cases have been pursued against colleges for deceptive marketing, but plaintiffs’ victories to date have been few and far between. Unfortunately, Globe appealed Weber’s verdict, so she was unable to enjoy her success until just recently, when the Minnesota Supreme Court ruled in her favor in the final round of appeals.

Barrett Law PLLC:  Protecting Whistleblowers throughout Mississippi

Heidi Weber’s win against Globe University is encouraging because it shows that it is possible for one person to take on a large institution and succeed. If you were fired, demoted, or otherwise harmed after reporting the unethical practices of your employer, the Mississippi Whistleblower Attorneys at Barrett Law PLLC are here to help you pursue a whistleblower claim.  Our attorneys will guide you through the whistleblower claims process towards resolution of your case.  If you have questions about whistleblower lawsuits, please contact the experienced Mississippi Whistleblower Attorneys at Barrett Law PLLC today, at 1 (601) 790-1505, to schedule your free, initial consultation.

An environmental whistleblower has alleged that sulfur trioxide, a poisonous gas, has been leaking continuously from a DuPont chemical plant for the past three years, and that DuPont did not report those leaks as required by law. The whistleblower alleges that DuPont used plastic tubes and duct tape to temporarily fix the leaks instead of shutting the plant down for a long enough time in order to perform proper and lasting repairs. The whistleblower alleges that the leaks should have been reported to the Environmental Protection Agency under the Toxic Substance Control Act, but that they were not reported because the company wanted to avoid being fined for the chemical releases by the federal government.

DuPont has denied the whistleblower’s allegations and claims that the plant is tightly regulated by state and federal agencies. It further states that no proof of harm from the alleged releases can be obtained. This whistleblower trial is the latest legal action which calls DuPont’s safety record into question. DuPont has reported thirty four accidents involving toxic releases and at least eight fatalities at its American plants since the year 2007. Last year, four workers at another DuPont plant died after they were exposed to methyl mercaptan. Federal and state officials are still investigating the deaths of those workers.

The current whistleblower lawsuit uses the provisions of the False Claims Act in a novel way, to address a situation in which there is alleged to have been a lack of environmental reporting by a company in order to avoid fines. In cases like this, a whistleblower can recover their court costs and also win a share of the government’s recovery, if the government is awarded damages because of the evidence that the whistleblower supplied. In this case, the whistleblower is someone who previously served DuPont for fourteen years as the chair of the plant’s Safety, Health and Environment Committee. He believes that a company manual required him to report chemical releases, such as the aforementioned leaks, as required by the Toxic Substance Control Act. He claims that he made multiple reports to his supervisors about the leaks, but the plant manager advised him to keep the information inside the company. His claim is supported by photos and videos, testimony from other senior plant employees, and even an audio tape of the plant manager warning employees not to discuss emissions with outside agencies.

Barrett Law PLLC:  Standing up for Mississippi Whistleblowers  

If you exposed the wrongdoing of your employer to your detriment, the Mississippi Whistleblower Attorneys at Barrett Law PLLC are here to help you pursue a whistleblower claim.  Our attorneys know how to guide you through the whistleblower claims process and towards full financial recovery for the various types of losses and damages that you have experienced as a result of your brave actions.  Please call the knowledgeable whistleblower attorneys at Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free, initial consultation.

The billionaire who funded a now- bankrupt biofuel firm is being sued by the state of Mississippi because the state believes that he, along with others, intentionally misrepresented the biofuel firm’s chances for success to the state and convinced the state to loan the company seventy five million dollars.

The lawsuit alleges that billionaire Vinod Khosla and others knew that KiOR’s technology, which produces crude oil from wood, did not perform nearly as well as they had represented that it did. The lawsuit alleges that KiOR fraudulently stated that sixty seven gallons of bio crude had been produced from each ton of dry wood that was burned in the company’s Texas demonstration plant. The actual bio crude yield at the Texas facility was closer to between thirty and forty gallons of bio crude per ton of dry wood. The Mississippi lawsuit also alleges that Khosla and others knew that the company was not a commercially viable operation, and that it would never be a commercially viable operation, even though they confidently represented it as such. The Mississippi lawsuit against Khosla also alleges that KiOR’s management team engaged in behavior that was aimed at silencing the voices of internal critics who questioned the numbers that the company was providing to the state and to its investors.

Shareholders are also suing the bankrupt company, and a former board member has filed a whistleblower lawsuit. The Securities and Exchange Commission is investigating these claims. In 2013, a class-action lawsuit was filed against KiOR by investors, claiming that the biofuel firm’s potential for economic success had been intentionally misrepresented, which seems nearly identical to the fraudulent misrepresentation that is alleged to have happened in Mississippi.

Barrett Law PLLC:  Fighting for the Freedoms of Whistleblowers across the State of Mississippi

When a company is engaging in activities that are against the law, they expect their employees to just go along with it. Employees should not be expected to stand back and let illegal activities take place or participate in illegal activities themselves in order to keep their jobs. Whistleblowers stand up for what is right when they take action to expose what is going on that is wrong. Unfortunately, although the activities of whistleblowers benefit everyone, whistleblowers may be harmed by those who their actions threaten to expose.  Fortunately, the state provides protection to individuals who face these types of situations at work and decide to take action to expose the illegal activity. If you are a whistleblower who has suffered from any sort of retaliatory action, the Mississippi Whistleblower Attorneys at Barrett Law PLLC would like to assist you.  Our attorneys know that whistleblower lawsuits can be complicated, and we will lead you through the complexities and towards a full recovery for any losses that you experienced because of your lawful actions.  Call the dedicated whistleblower attorneys at Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free, initial consultation.

Recently, John Verble, the financial planner at Morgan Stanley who was a key confidential source in the FBI investigation into Pilot Flying J, filed a whistleblower lawsuit in federal court last week.  Verble claims that he was fired after his important role in the investigation was discovered.

John Verble, a Morgan Stanley executive, filed the suit in Knoxville, Tennessee, in federal court.  The lawsuit seeks to recover hundreds of thousands of dollars in back pay and brokerage funds held with Morgan Stanley that Verble claims the company has frozen.  In a statement released shortly after the suit was filed, Morgan Stanley dismissed the allegations and stated it intends to fight the suit fully.

Verble played an important role in the FBI investigation that uncovered fraud at the truck stop chain Flying J.  Verble wore a wire and assisted the FBI in its investigations into fraud.  He claims that when a superior at Morgan Stanley became aware of Verble’s efforts, he physically threatened him.

The FBI investigation into Pilot Flying J related to rebates made to the company but never paid to trucking companies as a part of a fraud scheme that involved top level executives.  Last year, Pilot Flying J, based out of Knoxville, Tennessee, accepted responsibility for the criminal conduct of its employees.  It agreed to pay a total of $92 million in penalties in a settlement with the federal government. In addition, ten employees pled guilty to various charges.

Verble’s suit contains several allegations of wrongdoing.  He claims that as a result of his assistance in the FBI investigations into Flying J he was retaliated against, discriminated against, then ultimately illegally discharged from his position.  He demands that he either be returned to his previous position to receive damages equal to double his salary of about $360,000 until he reaches the retirement age of 68.

Verble additionally claims that during his time with Morgan Stanley, he became aware of numerous illegal activities, including those that violate the Sarbanes Oxley Act. He claims to have uncovered insider trading involving the office’s employees and clients concerning Miller Energy Resources, Inc.  He also alleges that Miller Energy’s books were manipulated in an effort to conceal some transactions from shareholders along with the Securities and Exchange Commission.

Thus far, securities regulators and law enforcement officials have not probed the potential fraud involving Miller Energy and claim they have not received any complaints from Verble or anyone else that relate to the allegations now made in the lawsuit.

Verble was placed on administrative leave in 2013 the eventually fired.  His public BrokerCheck record reports that he was fired for accepting third party funds, but Verble disputes this account.  His attorneys claim his firing was a classic act of retaliation and reports that many facts will come out during the suit that are currently hidden due to ongoing federal investigations.

Barrett Law PLLC:  Protecting Brave Whistleblowers Across the State 

Despite the universally acknowledged importance of whistleblowers to the government and American public, thousands of whistleblowers experience retaliation as a result of their actions.  John Verble is just the latest of many whistleblowers to lose his job due to his brave ac of coming forward to expose fraud.  If you are a whistleblower who has or may have experienced any sort of retaliation, the Mississippi Whistleblower Attorneys at Barrett Law PLLC can help.  Our attorneys understand the complex nature of whistleblower suits and will skillfully guide you towards a full recovery for the losses you experienced as a result of your lawful actions.  Call the experienced whistleblower attorneys at Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation.

The Fifth Circuit recently issued an important ruling concerning the grounds for Sarbanes-Oxley Act (SOX) retaliation claims.  The case involved the following facts:  Anthony Menendez was hired by Halliburton, Inc. as its director of technical accounting research and training out of its Houston office.  Menendez raised concerns about some of the company’s accounting practices, including some revenue recognition that did not conform with accepted accounting principles.  He was criticized by the individual above him for raising the concerns, and Halliburton ultimately concluded their practices were proper.  Menendez tried to raise the issue again but was denied.

As a result, Menendez filed a complaint with the SEC alleging that Halliburton was engaging in questionable accounting practices.  He additionally filed an internal complaint, as was the practice established by the audit committee.  The SEC contacted Halliburton’s general counsel concerning the complaint, and the general counsel determined that Menendez was the source of the complaint.  He then forwarded an email to several employees and managers within the company informing them that the SEC had opened an inquiry based on Menendez’s allegations.

Menendez reported that after that email circulated, he was treated differently.  Others avoided him and the work environment caused him to miss work frequently, ultimately requesting paid administrative leave.  The SEC did not find that action was necessary against Halliburton, but Menendez filed a SOX complaint with the U.S. Department of Labor (DOL) claiming that Halliburton retaliated against him because of his complaints with the SEC by disclosing his identity as a whistleblower to his colleagues.

The district court found that Halliburton had retaliated against Menendez and awarded him $30,000.  The Fifth Circuit upheld this decision.  The court found that Halliburton’s disclosure of Menendez’s identity as a whistleblower did constitute an adverse event because it created an environment in which Menendez could be ostracized and prevented from opportunities for advancement.

This decision is an important one for employers and employees alike.  Employers should be aware that coworkers are likely to distance themselves from whistleblowers either out of insult, in an attempt to retaliate against the coworker, or simply to avoid additional accusations.  It is imperative that the identity of whistleblowers be protected.  Employers should avoid name dropping and take all precautions to protect the identity of whistleblowers.

For employees, this case creates additional potential grounds for the filing of SOX complaints.  If you are a whistleblower whose employer has revealed your identity and this has created an adverse environment or avoidance by coworkers, you may have an actionable claim.  Any employee who finds him or herself in this position should consult with a whistleblower attorney as soon as possible to protect their legal rights.  Your attorney will review the action of your employer to uncover whether you have a case for a SOX violation or other retaliation claim.

Barrett Law PLLC:  Experienced Whistleblower Attorneys Assisting in a Variety of Whistleblower and Retaliation Claims Across the State  

Whistleblowers serve a vital function in our society, uncovering fraud and wrongdoing and protecting American taxpayers in doing so.  As a result, it is imperative that the identity of whistleblowers remain protected until the law requires it be disclosed.  Disclosing the whistleblower’s identity at the time of initial complaints to coworkers can create a negative environment for the employee.  If you are an employee who has been retaliated against due to your whistleblowing activity, the Mississippi Whistleblower Attorneys at Barrett Law PLLC can help.  We assist whistleblowers across the state in a wide variety of actions.  Call the seasoned whistleblower attorneys at Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation.

A report recently released by the U.S. Government Accountability Office (GAO) reveals that the FBI lacks a sufficient process for whistleblowers to address retaliation after they report wrongdoing to supervisors, which puts them at additional risk for further reprisals.

The GAO report outlines that unlike most other executive branch agencies, the FBI does not have a process in which employees can seek corrective action in the event they experience retaliation based on disclosures of wrongdoing to supervisors or others in the chain of command.

In dismissing reprisal complaints submitted to supervisors, FBI whistleblowers are left without protection from further retaliation.  The dismissal of these potential legitimate complaints could deny whistleblowers access to full recourse, thus permitting the retaliatory action to go uninvestigated and discouraging would be whistleblowers from coming forward.

The GAO explained that it initiated this study due to the high rate of FBI whistleblower retaliation.  The report details the experience of one FBI whistleblower who suffered retaliation after reporting that another agent stole items from Ground Zero after the September 11 attacks.  Although the Justice Department eventually ruled in the whistleblower’s favor, it took ten years to settle the complaint.

In the report, the GAO also asked Congress to consider revising regulations so that FBI whistleblowers could seek recourse against retaliation for whistleblower complaints made to people within their chain of complaint.  The watchdog agency additionally called for the Justice Department to correct its defective grievance process which currently puts whistleblowers at risk.

FBI whistleblowers serve a vital function to the government and U.S. citizens.  They help to safeguard the government against waste and fraud.  Yet it appears that the DOJ is not handling these vital whistleblower complaints as they should be.  The GAO report reveals that the DOJ dismissed 48 out of 62 FBI whistleblower complaints because they failed to meet regulatory requirements.  For instance, 17 of the complaints were dismissed because they were made with someone not permitted to receive the disclosure.  Timeliness was also a major concern of the GAO.  The complaints took a minimum of two years to resolve, and some took over ten years to find relief.

In October of last year, the FBI revealed that it intended to revamp its whistleblower rules to make it easier for employees and agents to report misconduct occurring within the agency.  The changes would include expanding the list of individuals eligible to receive a complaint and making whistleblowers potentially able to receive compensation for their efforts.  These reform ideas came in the wake of Edward Snowden’s massive release of classified documents.

The FBI’s culture against whistleblowers will not be an easy one to change, but hopefully with more and more agencies revealing problems within the system, real reform will continue within the system.  The FBI and the American public rely on whistleblowers to uncover fraud so it is imperative we do all we can to encourage these brave individuals to come forward.

Barrett Law PLLC:  Helping Brave Whistleblowers Expose Fraud and Wrongdoing 

Whistleblowers are at the heart of the American judicial system and economy.  Whistleblowers serve the vital function of uncovering wrongdoing that would otherwise likely continue unchecked, costing the government and in turn American taxpayers millions of dollars.  The Mississippi Whistleblower Attorneys at Barrett Law PLLC help whistleblowers across the state to bring qui tam and retaliation actions.  A successful qui tam suit can result in the award of thousands to hundreds of thousands of dollars.  Call the experienced whistleblower attorneys at Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation.

Whistleblowing results in the recovery of billions of U.S. dollars every year.  It is considered one of the greatest weapons against corporate fraud, and the brave whistleblowers who reveal illegal practices occurring to the detriment of the government are rewarded for their efforts.  Whistleblowers receive up to 30 percent of the funds recovered by the government, which can equate to millions of dollars when large scale fraud is unveiled.

If you are an employee considering blowing the whistle on your employer, the following list of things you should know before whistleblowing is for you:

  1. Whistleblowing is extremely effective in controlling corporate crime:  In interviewing a number of CEOs, CFOs, and CCOs from global corporations, Price Waterhouse found that whistleblowers are the most effective source of information for uncovering corporate crime.
  2. Do not delay:  Even if you have the best case, if you do not file on time it could be worth nothing.  Do not delay—seek legal assistance early on and ensure your action is timely filed.
  3. Be prepared for the blowback:  Whistleblowing is serious and can impact your career and family. You need to take steps to protect yourself and your job, which first involves securing the representation of an attorney you can trust.
  4. Embrace your whistleblower status:  Whistleblowers will often state that they are not whistleblowers; they are just doing their job.  While this may initially be true, it is important that whistleblowers accept their status change.  By embracing being a whistleblower, you will be better equipped to take action to protect your career.
  5. Don’t accept hush money:  Corporations have been known to essentially pay whistleblowers off so that they will not pursue action.  You will earn more and bring about justice by pursuing your whistleblower action.
  6. Be wary of hotlines: Large corporations often set up hotlines for employees to report wrongdoing.  Sometimes the hotlines are effective, other times they simply alert the company to take action against the complaining employee.
  7. Do not take legal advice from the corporate compliance officer:  The corporate compliance officer and hotline investigators work for the company, not the employees.  They are not obligated to inform employees of their legal rights and do not have the employees’ best interests at heart.
  8. Watch out for corporate confidentiality:  The details of the complaint will often make it easy for the corporate officials to figure out the identity of the whistleblower.  This puts you at risk for retaliation early on.  This makes it important for you to seek legal protection from the start.
  9. Do not break the law:  Make sure you do not break the law in gathering information concerning the corporate wrongdoing, or you could face legal action as well.
  10. Select the right attorney:  You could receive a large reward if your whistleblower action is successful, but your career is very much on the line.  Chose an experienced attorney who will successfully bring your case so that you receive the reward to which you are entitled.

Barrett Law PLLC:  Representing Whistleblowers in Qui Tam Cases and Related Matters  

Whistleblowers serve a vital function in society, curbing corporate fraud and protecting taxpayer funds.  Whistleblowing is a worthy action, but one that can be complex and can result in backlash to the whistleblower if they are not properly protected.  The Mississippi Whistleblower Attorneys at Barrett Law PLLC offer superior legal services to any potential whistleblower.  We understand the array of complex issues involved in whistleblowing and will successfully bring your action while ensuring you do not become a victim of retaliation.  Call the experienced whistleblower attorneys at Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation.

Bradley Birkenfeld is an American banker whose whistleblowing efforts earned him a massive award of $104 million from the IRS Whistleblower Officer.  Birkenfeld is also a convicted criminal who served two and a half years in prison for conspiring with a California developer to evade United States income taxes.  The story of Birkenfeld is a complex one and one that is again in the spotlight due to his recent request to be allowed to return to Europe while still on probation.  His story serves to highlight the importance of whistleblowers and the risks they undertake.

            Birkenfeld began his banking career in the currency trading department of State Street Bank and Trust.  There, Birkenfeld claims he first blew the whistle on illegal activities by approaching the FBI.  No indictments were issued as a result of his information.  Birkenfeld continued his career, eventually being hired at UBS in Geneva, Switzerland.  There, his job was primarily to solicit Americans to move their assets to the bank, enabling them to avoid paying U.S. taxes.  Though UBS was not permitted to offer investment advice in the U.S., Birkenfeld and his colleagues were instructed to do just that.

            According to Birkenfeld, UBS sponsored events designed to lure wealthy Americans then acted as salesmen offering a tax haven to clients.  One of their wealthiest clients was a California development who transferred some $200 million to UBS offices with Birkenfeld’s help.

            In 2005, Birkenfeld learned that his and UBS’s activities violated the agreement between the bank and the IRS.  He resigned and complained to UBS compliance officers as to the bank’s unfair and deceptive businesses practices.  He received no response and notified the bank’s attorney as well.

Sometime later, Birkenfeld decided to contact the U.S. Department of Justice (DOJ) and inform them of the bank’s practices.  He sought to recover 30% of all funds the government was able to recover in the whistleblower action and immunity from prosecution.  When Birkenfeld arrived on U.S. soil, he was arrested.  He pled guilty to a count of conspiracy to defraud the U.S. as a result of his activities while with UBS.

The DOJ justified Birkenfeld’s arrest by stating he did not have whistleblower status yet, and therefore could be prosecuted.  The DOJ did continue its investigation into the fraud, and eventually developed a criminal case.  USB agreed to pay a $780 million fine to the U.S. government in exchange for deferred prosecution.  Birkenfeld was awarded $104 million for his information, which the DOJ has since admitted was critical to the success of the case.

The government was harshly criticized for its treatment and prosecution of Birkenfeld, with the many protests and actions lobbed eventually leading to his early release.  Birkenfeld’s case will no doubt be instrumental to whistleblower law reforms today.  Currently, Birkenfeld is seeking permission to return to Europe where he wishes to move on with his life despite his continued probation obligations.  It is unclear at this time whether his request will be answered.

Barrett Law PLLC:  Mississippi Whistleblower Attorneys Helping Brave Whistleblowers  

Whistleblowers like Birkenfeld have saved the United States government billions of tax payer dollars.  Without courageous whistleblowers like Birkenfeld, our county’s funds would continue to be lost to fraudulent activity.  However, being a whistleblower is no easy task, as Birkenfeld’s case illustrates.  The Mississippi Whistleblower Attorneys at Barrett Law PLLC assist whistleblowers with qui tam actions and related matters, ensuring their rights are fully protected and their efforts greatly rewarded.  Call the experienced whistleblower attorneys at Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation.

The Veterans Affairs Department recently stated that it will offer relief to more than two dozen employees who experienced retaliation after filing whistleblower complaints concerning wrongdoing at VA hospital locations throughout the U.S.  This is the next step after settlements that were reached last year with three Phoenix employees who reported widespread problems at that facility, including chronic delays and other serious issues.  The public outcry over VA conditions and the handling of whistleblowers led to the replacement of former VA Secretary Eric Shinseki and a complete overhaul of the agency, making it easier for senior officials to be terminated.

The VA’s latest actions offer relief to about 25 employees, including one doctor who was formally reprimanded and retired after reporting serious errors at the Maryland clinic and a nurse who was fired after refusing to falsify a performance evaluation for a subordinate.  The nurse will keep her job while the investigation continues and the doctor will have the reprimand removed from his record.

Special Counsel Carolyn Lerner has applauded the efforts of the VA to protect its employees who generate whistleblower complaints.  Lerner’s office, which is independent of any government agency, is currently investigating some 120 complaints of retaliation at the VA following whistleblower complaints that included understaffing, improper patient scheduling, prescription medication errors, and much more.  The complaints are spread across 970 VA hospitals and clinics across the nation, including the Jackson, Mississippi VA.

The new VA secretary, Robert McDonald, vowed to uncover and eliminate retaliation by seeking to change the culture that discourages speaking out.  He hopes that the agency will take action to encourage employees bringing complaints to the attention of management.

Secretary McDonald has stated that he takes whistleblowing very seriously and sees it as essential in improving veterans’ care.  Sloan Gibson, the Deputy VA Secretary, has additionally publically stated that his department is committed to holding those who retaliate against whistleblowers accountable for their wrongful actions.  Employees who report legitimate problems need to be protected, not punished, Gibson believes.

The G.V. (Sonny) Montgomery Department of Veterans Affairs (VA) Medical Center, located in Jackson, MS has been at the heart of the whistleblowing action.  Over the past few years, a number of whistleblower complaints arose out of this office concerning troubling aspects of the VA’s management practices and patient care.  Concerns included the lack of proper sanitation of instruments, long wait times, errors in diagnosis, and much more.

Two doctors headed the whistleblower movement in this hospital and, after being ignored for years, their information finally brought about change.  While the VA appears to be moving in the right direction concerning the recognition of whistleblower concerns, there is still much change that needs to be seen in order for whistleblowers to feel safe bringing their concerns to light.

Barrett Law PLLC:  Representing Whistleblowers in Qui Tam Cases and Related Matters  

The doctors, nurses, and other healthcare professionals that stepped forward throughout the VA system have been agents for change within this healthcare network.  Veterans deserve the best of care after making sacrifices for our country, and it is thanks to the VA whistleblowers that action is now being taken to correct mistreatment and poor patient care.  If you are an employee or former employee aware of fraud or wrongful actions taking place in your workplace, the Mississippi Whistleblower Attorneys at Barrett Law PLLC can help.  We will assist you in bringing your action and ensuring your information reaches the right channels.  Call the experienced whistleblower attorneys at Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation.