A letter sent by the United States Office of Special Counsel to the White House and Congress (the “OSC”) details some alarming findings concerning the Department of Veterans Affairs (the “VA”). The letter states that the VA is not listening to whistleblowers nor is it protecting them, and it has also failed to punish employees who tried to stop whistleblowers. These new findings substantiate allegations made by several whistleblowers in 2014 and numerous stories that have emerged concerning delays in the care of veterans that led to preventable deaths. They further support the claims of several whistleblowers who experienced retaliation, or whose concerns were completely ignored.
Dr. Katherine Mitchell Raised Alarms, but the VA Failed to Act
One of the most prominent whistleblowers who attempted to raise concerns about the VA system was Dr. Katherine Mitchell. Dr Mitchell spoke out about dangerous delays in veteran’s care and a lack of training among triage nurses. VA officials failed to act for over five years and nothing was done to punish the misconduct Mitchell witnessed. The OSC that this failure to act undermines progress and discourages whistleblowers from coming forward. Dr. Mitchell has settled her whistleblower claim against the VA, but continues to speak out about alarming situations that she feels still exist in the VA system.
VA Whistleblowers Experience Retaliation
Federal law prohibits employers from retaliating against whistleblowers for raising their valid concerns; however, this does not always stop employers from taking negative action against whistleblower employees. The OSC uncovered several instances in which the VA attempted to fire or suspend whistleblowers for minor indiscretions or even for activities directly related to their whistleblowing. The OSC is working with the VA to rescind this disciplinary action.
Whistleblower Litigation and Retaliation
If you witness illegal or fraudulent activity occurring within your workplace, you should take action. Reporting your concerns carries with it the danger of facing retaliatory action. However, state and federal laws exist to protect you from illegal retaliation. Employers are prohibited from threatening, discharging, discriminating, or otherwise retaliating against employees who report instances of wrongdoing by state agencies or contractors.
Employees who experience retaliation can initiate a hearing by filing a claim. If successful, the retaliatory action will be reversed and you may be eligible for damages. Further, employees may also file a claim for a reward. These actions will allow the whistleblower to receive potentially substantial compensation, including a percentage of all monies recovered.
A Qui Tam lawsuit is a type of civil lawsuit brought under the False Claims Act. This law rewards whistleblowers if their suit recovers funds for the government. The act additionally provides job protection. If you are an employee who believes you have experienced retaliation due to your whistleblower activities or if you need assistance bringing a whistleblower claim, contact an attorney as soon as possible.
Barrett Law PLLC: Assisting Brave Whistleblowers Across Mississippi
Whistleblowers serve an important function in society, but are not always treated with the respect that their brave actions deserve. If you have experienced retaliatory actions as a result of your whistleblowing activity or need assistance with a qui tam action, contact the Mississippi Whistleblower Attorneys at Barrett Law PLLC. Our prominent Mississippi law firm has assisted brave whistleblowers for over 75 years. Whistleblower cases are complex and will require the help of experienced counsel in order to successfully bring your action. At Barrett Law PLLC, we will provide you with the information you need to walk through the whistleblower claim process and the legal assistance you will need as the case moves forward. Call us today at 1 (601) 790-1505 to schedule your free initial consultation.
