Whistleblower and Qui Tam Claims in El Paso

Our Employment Law Attorneys Help Clients Fight Misconduct

When employees discover that their employers are violating the law or government regulations, they are put in a very difficult position. If you have become aware of labor violations or other illegal activity at your place of work, you should know that there are federal laws protecting workers who report violations or misconduct to government agencies or law enforcement authorities. Under these laws, employer retaliation for making a report is illegal.

Employees can also take legal action along with the federal government for acts of fraud. A joint claim like this is known as a qui tam lawsuit. The term “whistleblower" is used for a person attempting to file a lawsuit or report questionable activity.

At Guerra & Farah, PLLC, we provide skilled legal representation for whistleblowers in qui tam actions and for employees who have been subjected to employer retaliation for their whistleblowing activity. Our El Paso employment lawyers are available to assist with your legal needs 24 / 7. We take cases on a contingent-fee basis, which means you don’t have to pay us unless we are able to recover compensation for you.

Federal Claims Act

In an attempt to crack down on fraud committed against the United States government, Congress passed the False Claims Act. Under this act, private citizens are allowed to bring lawsuits forth on behalf of the government against companies that attempt to commit fraud.

The following are examples of qui tam cases:

  • Off-label drug promotion
  • Changing expiration labels on food products
  • Medicare fraud
  • Intentionally selling defective products
  • Misleading marketing practices involving pharmaceutical drugs

The False Claims Act, entitles some workers to 15-25% of the recovery of damages awarded in the case. This also includes attorney fees.

Federal Whistleblower Protection Act Explained

In addition to the federal Whistleblower Protection Act, the state of Texas also has a Whistleblower Protection Act. These laws provide whistleblower protection for government employees who have witnessed violations of laws, rules, and regulations, particularly wasted funds or practices that pose significant danger to the health and safety of the public.

Whistleblowers only receive protection against retaliation when they report serious violations, and not minor or inadvertent mistakes. You should consult with an experienced employment law attorney before starting any whistleblower activity, this way you can ensure that understand your rights and whether you will be protected by legal safeguards.

Under the Texas Whistleblower Act, Public employees may seek legal protection when reporting certain governmental or public employee legal violations. However, this act does not apply to private employees. Whistleblowers can also attempt to recover damages and attorneys' fees. Before resorting to legal actions, the law expects whistleblowers to first employ administrative remedies for the issue in question.

Types of whistleblower activities for which you may seek state protection include:

  • Medical workers who are engaged as whistleblowers but subsequently fired for their actions
  • Physicians fired for reporting actions to the State Board of Medical Examiners
  • Nurses fired for reporting substandard nursing practices to the Board of Nurse Examiners

Get stated on your Case today

Do you need help filing your whistleblower claim? If so, call (888) 470-9772 to discuss what legal options are available for you. Our skilled lawyers will review your situation and determine a strong legal strategy that will protect your rights and interests. We are ready to fight for you.

Contact our El Paso team of attorneysto schedule an appointment with our law office.