Whistleblower and Qui Tam Claims in Texas
Houston Employment Law Attorneys Help You Fight Misconduct
Working under an employer who is violating the law or government regulations
presents employees with a difficult situation.
Fortunately, federal laws protect individuals who report violations or
misconduct to government agencies or law enforcement authorities, and so do Texas laws under certain circumstances. These laws make employer
Individuals may even initiate lawsuits along with the federal government
against acts of fraud. This type of joint claim is referred to as a
qui tam lawsuit, and "whistleblower" is the term used for an individual
engaged in bringing such a lawsuit or reporting wrongful activity. Guerra
& Farah, PLLC provides legal representation for whistleblowers in
qui tam actions and for employees subject to retaliation based on whistleblowing
Houston employment lawyers are available 24 / 7, and we take cases on a
contingent-fee basis, which means you pay us only if we recover compensation for you.
Federal Claims Act
In an effort to crack down on fraud against the government, Congress passed
the False Claims Act, which allows private citizens to bring lawsuits
on behalf of the government against employers who commit government fraud.
qui tam cases include:
- Medicare fraud
- Off-label drug promotion
- Intentional sales of defective products
- Changing expiration labels on food products
- False marketing practices involving pharmaceutical drugs
Under the False Claims Act, a whistleblower may be entitled to 15 - 25%
of the recovery of damages awarded in the case, along with attorney fees.
Federal Whistleblower Protection Act
There is a federal Whistleblower Protection Act in addition to a Whistleblower
Protection Act provided by Texas law.
These laws provide whistleblower protection for government employees who
report violations of laws, rules and regulations, or waste of funds, significant
danger to public health and safety, or management abuse. Whistleblowers only receive protection against retaliation for their
whistleblower activity when reporting actions that are serious and not
minor, inadvertent mistakes. It is wise to consult an employment lawyer
before engaging in whistleblower activity to ensure that understand your
rights and know to what degree your legal protections will safeguard you.
Public but not private employees may seek legal protection under the Texas
Whistleblower Act when reporting certain governmental or public employee
legal violations to law enforcement authorities. Types of damages you
may seek to recover include attorneys' fees, wages (current and back
pay), and other damages (but not punitive damages). The law expects whistleblowers
to employ administrative remedies before resorting to legal actions. Types
of whistleblower activities for which you may seek state protection include
medical workers who are engaged as whistleblowers and were subsequently
fired, physicians fired for reporting actions to the State Board of Medical
Examiners, or nurses fired for reporting substandard nursing to the Board
of Nurse Examiners. To learn whether you have grounds for legal action,
contact Guerra & Farah, PLLC today!