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
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
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.