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The risks that whistleblower take are enormous. They risk the jobs that give them the financial resources that they need to support themselves and their families; they risk their personal and professional reputations that they have worked so hard to build. They take the risk that they will be unable to find a job within the profession that they enjoy. They know that there is likely to be retaliation against them, cruel mistreatment both on the job and off. They risk humiliation, isolation, and getting reassigned to do mindless busywork, often out of sight of their co-workers. They risk all of these things because they feel compelled to stand up for what is right.

While whistleblowers often suffer much after they make after they disclose wrongdoing, that suffering sometimes bears much fruit. Wrongdoing exposed by whistleblowers can lead to investigations that reveal violations of the law. Companies and organizations that have been breaking the rules get held accountable for their actions. Improper business practices get brought to a halt. Individuals and organizations get required to pay back what they wrongfully acquired. The wrongs that the whistleblowers seek to expose do sometimes get made right as the eventual result of their actions.  The following story is an example of what can happen after a person speaks out to expose wrongdoing that they see in their work.

In 2005, Kamal Mustafa Al-Sultan, the general manager of a contracting firm that partnered with Agility Public Warehousing (Agility), a Kuwaiti logistics company, filed a civil whistleblower claim regarding Agility’s dealings in its contracts with the United States government. Agility was contracting with the government to provide food for American troops who were serving in Jordan, Kuwait, and Iraq.

The whistleblower claim alleged that Agility Public Warehousing dealt fraudulently with the United States government, manipulating funding formulas, providing false statements and invoices, inflating food prices, and failing to pass along the discounts and rebates that it received from vendors even though passing along those savings was required by the terms of Agility’s contract with the government.

After that whistleblower claim got filed, the United States Department of Justice investigated Agility’s dealings with the government. The investigation revealed that Agility, through its fraudulent actions, had defrauded the United States government of nearly seventy million dollars. The Department of Justice confronted Agility with its allegations. Agility recently agreed to pay ninety-five million dollars to resolve the allegations of fraud that the Department of Justice brought against it. In conjunction with the settlement, Agility entered a guilty plea to the misdemeanor offense of theft of government funds.

The Mississippi Whistleblower Protection Attorneys of Barrett Law PLLC applaud the efforts of whistleblowers. It is not easy to expose wrongdoing within your workplace because the consequences can be harsh. However, your actions can make a huge difference as the case above illustrates. To learn more about whistleblower claims, call.1 (601) 790-1505 to arrange an initial consultation with the Mississippi Whistleblower Attorneys of Barrett Law PLLC.

 

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.

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.

Despite the existence of laws that protect whistleblowers, some violations of securities law and other regulations continue to go unreported because would-be whistleblowers are intimidated into remaining silent. There are various tactics that companies use to silence would-be whistleblowers, and a recent case against a Virginia-based company illustrates one of those strategies – the severance agreement that forbids whistleblowing through the use of intimidating language.

A company called Neu-Star recently agreed to pay a hundred and eighty thousand dollars to settle a lawsuit that alleged that the corporation used severance agreements that essentially forbade whistleblowing. The contracts are alleged to have contained a broadly constructed “non-disparagement” clause that prohibited former employees from making any communication to the United States Securities and Exchanges Commission (SEC) that speaks negatively about the company. The severance agreement that Neu-Star was using is alleged to have stated that any former employee who violated the non-disparagement clause of their severance agreement could lose their severance pay. It is easy to see how such language could cause a former employee to fear that anything that they would say to the SEC about a possible violation of securities law could be construed by their former employer as a disparaging remark, which would put their severance pay at risk.

Whistleblower protection laws prohibit public companies from using non-disparagement clauses and other intimidating language in severance agreements. The laws are designed to ensure the freedom of former employees to discuss possible violations of securities law with the SEC. When companies use severance agreements that contain non-disparagement clauses or other language that could cause a former employee to forego reporting a possible violation of securities law, that agreement is said to have had a chilling effect on the former employee. In the Neu-Star case, at least one former employee was so intimidated by the non-disparagement clause contained in their severance agreement that they did not report a possible violation of securities law to the SEC.

Barrett Law PLLC:  Uncompromising Support for Mississippi Whistleblowers

Severance agreements are intended to set out the terms upon which former employees can obtain pay for a specified period following their departure from a company. While it is legal for severance agreements to make demands of former employees for them to be able to collect severance pay, it is not legal for companies to demand that former employees refrain from reporting possible violations of the law. Things like agreements not to work for competing firms are fair and legal, but if your severance agreement has language in it that could cause you to think twice before reporting a violation of securities law or any other laws to the agency charged with investigating such allegations, the agreement may violate whistleblower protection laws. If you know that your company uses such a severance agreement or if you have signed a severance agreement that you feel would prevent you to from reporting possible violations of securities law or other laws in order to ensure that you would receive severance pay, call the Mississippi Whistleblower Attorneys at Barrett Law PLLC. Call our office today, at 1 (601) 790-1505 to set up a free, initial consultation.

The whistleblower case that sisters Kerri and Cori Rigsby brought against State Farm in 2006 continues to make waves, and this time it’s the United States Supreme Court that is weighing in on the matter. The Court chose to uphold the jury verdict in favor of the Rigsbys after State Farm challenged the award on the grounds that their attorney had disclosed information about the case to the media in violation of a court order which required that the case be kept under seal.

The Rigsby’s whistleblower case has its roots in the aftermath of Hurricane Katrina. The Rigsbys were working as claims adjusters for State Farm, assessing properties that had been damaged by the storm. The sisters examined one home in Biloxi, Mississippi and determined that it had been damaged by the wind. The insurance policy that State Farm has issued for that property included coverage for wind damage, but not for flood damage. State Farm claimed that the property had been damaged by flood and not by the wind, and asserted that the government should pay for the damage. When they discovered that their employer was trying to shift the burden of paying for the damage to the property in Biloxi to the government instead of paying the claim itself, the sisters filed a lawsuit on behalf of the government under the False Claims Act. The False Claims Act exists for situations like the one that the Rigsby’s encountered, situations where individuals believe that the government was defrauded.

The Rigsbys prevailed in their case against State Farm, and in 2013, a jury awarded them over two hundred thousand dollars plus attorneys’ fees in addition to ordering State Farm to pay nearly seven hundred and fifty thousand dollars in total damages. State Farm appealed the verdict to the 5th U. S. Circuit Court of Appeals in New Orleans, which upheld the jury’s verdict. In its appeal to the Supreme Court, State Farm sought to have the jury verdict overturned because the Rigsby’s former lawyer had given information about the case, which was under court order to be sealed, to the media. The media organizations to which the information was disclosed did not reveal the existence of the Rigsby’s lawsuit to the public. The Supreme Court, in its decision, concluded that the disclosures that the Rigsby’s former lawyer had made to the media did not justify overturning the verdict.

The Mississippi Whistleblower Attorneys at Barrett Law PLLC encourage individuals who witness corporate wrongdoing to stand up and take action. Corporations know that there are not enough eyes on them from the outside to catch every violation of the law, and they do not fear that individuals from within their ranks will take action to expose wrongdoing because they have developed effective strategies for intimidating those who would date to do so into remaining silent. Whistleblowers are often the only hope for exposing egregious misconduct on the part of corporations and other organizations, and they need to know that if they choose to step forward and reveal a wrong that they will have support in doing so. That’s why we are here. To learn more, call the Mississippi Whistleblower attorneys at Barrett Law PLLC at 1 (601) 790-1505 to arrange a free, initial consultation.

Multiple people allege that they were fired by financial giant Wells Fargo after they spoke up against the company regarding concerns that they had that the firm was engaging in fraudulent activities. These former employees claim that not only did Wells Fargo know about their concerns regarding consumer and corporate fraud, but they say that the government is aware of the problems too.

Since 2010, dozens of Wells Fargo employees have filed complaints against the company through the federal government’s whistleblower protection program. The complaints allege that the former employees experienced retaliation in response to their attempts to address their concerns over consumer and corporate fraud. This situation certainly reveals concerns about the business practices at Wells Fargo, but it also exposes possible flaws and weaknesses in the federal whistleblower protection program.

As far as the allegations against Wells Fargo are concerned, the business practices that were troubling to the now former employees involved the fraudulent opening of credit cards and bank accounts on behalf of customers who had not authorized those accounts to be opened. The bank has been fined one hundred and eighty-five million dollars because it engaged in consumer fraud.

Unfortunately, the issue of retaliation by the bank against the many employees who attempted to address their concerns regarding the fraud with company management has not been well tended to. Some of the employees who filed whistleblower complaints with the Occupational Safety and Health Administration (OSHA) experienced delays in the agency’s response to their claims, and some complaints were never even investigated by the administration.

Apparently, the Wells Fargo cases are not the only cases that have gone without investigation, complaints from other whistleblowers against other firms have received little to no attention from OSHA as well. The result is that whistleblowers do not get the protection and justice that they deserve and matters regarding consumer fraud, public safety, and health concerns, and corporate wrongdoing are slow to be exposed. The agency cites a backlog of whistleblower complaints as the reason that it has been so slow to investigate the matters.

It is not surprising that employees within OSHA tried to address their concerns regarding the whistleblower cases that were sitting around and not being investigated. Some of these agency employees-turned-whistleblowers were fired after they expressed their concerns, and some of them a=have even filed retaliation complaints against OSHA.

Barrett Law PLLC:  Helping Mississippi Whistleblowers Fight Injustice

The Wells Fargo whistleblower cases have done more than expose large-scale corporate and consumer fraud. They have revealed weakness within one of the agencies that had been given the important work of protecting whistleblowers from retaliation. The aforementioned problems with OSHA make it clear that now, more than ever, whistleblowers need strong allies as they pursue claims against the companies that have retaliated against them. The whistleblower claims process is complicated and sometimes, periods of inaction can leave whistleblower wondering whether their cases will ever be resolved. When you work with a whistleblower attorney, you receive the benefit of having someone on your side who knows when to push forwards towards resolution of your case so that it does not sit around indefinitely. If you suffered harm after taking action as a whistleblower, the Mississippi Whistleblower Attorneys at Barrett Law PLLC might be able to help you. Call our office today at 1 (601) 790-1505 to set up a free, initial consultation.

When someone who works for a company sees something happening that is not right, and they take their concern to their superiors, they are not always thanked or congratulated for giving those in leadership roles a chance to make things right. Often, their concerns are dismissed, which is bad enough, except that it does not end there. Some whistleblowers get fired from jobs that they have worked diligently at for years. Others remain on staff, although they experience heartbreaking injustice at work on a day to day basis. Both those employees who get fired and those who remain on staff in some capacity are often mistreated in ways that range from defamation to threats, bullying, and other forms of abuse.

A look inside the life of an Assistant Human Resources Officer at the McGuire VA Hospital reveals just how painful the life of a whistleblower can be. She still works for the hospital, but what she does can hardly be called work. She claims that she has not been assigned any meaningful tasks for about a year now, since she refused to give in to pressure to hire another manager’s husband for a job that she knew he was not qualified to fill. To add insult to injury, she was recently asked by one of her superiors what she has accomplished over the past year.

The consequences that the officer has experienced since she stood her ground and voiced her concerns regarding the alleged nepotism have been harsh to say the least. She gets paid, but she feels that taxpayers ought to know that their money is being wasted on her salary because she was stripped of her job responsibilities. Her office was nearly moved out to a trailer, but she fought back against that, too, and she was transferred into a tiny space that is not in a trailer. Her office is not only small; it is isolated, and she has no doubt that she was banished – how could she think otherwise when she previously supervised over fifty people.

The officer has endured verbal attacks, and her office door was plastered with signs that describe the characteristics of a bad leader. When she has reported the hostilities in her work environment to superiors, the mistreatment got worse, and she became the target of not just one but four internal investigations. She feels that she was singled out for abuse to serve as an example so that other employees would not even think about reporting their concerns. The Office of Special Counsel is now investigating the officer’s allegations, and she hopes that they will prosecute the hospital.

Barrett Law PLLC:  Standing Alongside Mississippi Whistleblowers Through the Claims Process

If your attempt to address concerns about work practices in your company with senior management was met with retaliation, you might be able to seek protection under whistleblower protection laws. Like the case mentioned above illustrates, retaliation is hurtful no matter what form it takes, from being isolated and stripped of job duties, to verbal abuse and many other forms of intimidation. If you have experienced retaliation, the Mississippi Whistleblower Attorneys at Barrett Law PLLC may be able to assist you.  To find out more, please call the Mississippi Whistleblower Attorneys at Barrett Law PLLC today at 1 (601) 790-1505 to schedule your initial consultation.