Public sector employees are those employed as municipal, county, state, or federal workers. Government employees may observe or become aware of violations of laws, rules or regulations; mismanagement or waste; fraud; abuse of authority; or a danger to public health or safety. Public sector employees who blow the whistle on such misconduct are protected by a number of laws. Our firm has represented both public and private whistleblowers with great success over the years. In fact, we have obtained successful jury verdicts in a number of whistleblower cases and have defended the outcomes successfully on appeal, including to the Texas Supreme Court. To read further about whistleblower cases handled by The Law Offices of Don Tittle, see Teague Burkett v. City of Flower Mound, Koustoubardis v. Texas Youth Commission, Crider v. City of Dallas.

TEXAS WHISTLEBLOWER ACT

The Texas Whistleblower Act, Section 554.001 of the Texas Government Code, protects the rights of public employees who report certain violations of laws. The violation may have been committed by the employing governmental entity or another public employee. Under the Texas Whistleblower Act, an employee who reports violations of civil or criminal law may not be retaliated against. The employee cannot be fired, suspended, demoted, transferred or receive a pay reduction because of their whistleblowing. A Texas public employee who has faced retaliation generally has a very limited time period in which to act. Although the Whistleblower Act provides great protections, its helpfulness is limited due to the extremely short statute of limitations. Anyone considering a whistleblower claim should seek legal advice immediately or risk losing their right to pursue a claim. In a lawsuit under the Whistleblower Act, an employee may seek reinstatement, lost wages, back pay, front pay, restored seniority and benefits, court costs, and attorney’s fees. Punitive damages are not available under the Act, and there are caps on other damages.

FEDERAL WHISTLEBLOWER PROTECTIONS

Federal law also protects the rights of whistleblowers. Various federal statutes prohibit the government from taking or threatening to take any personnel action against a federal civil service employee who makes a disclosure of a violation of law, gross mismanagement, abuse of authority, or a substantial and specific danger to public safety or health. To prevail on a claim of retaliation, a federal employee must prove a connection between the report and the retaliation. The Office of Special Counsel (OSC) has authority to investigate allegations of retaliation. An employee may also file an individual right of action (IRA), but must exhaust remedies with the OSC first. A government whistleblower would be wise to seek counsel from an attorney experienced in whistleblower claims early in the process. Any person who has knowledge of false or fraudulent claims against the government – such as Medicare fraud or kickbacks – can file a suit under the federal False Claims Act. The action is brought in federal court under seal in the name of the individual and the United States. The government has 60 days after the case is filed to review the allegations and determine whether they have merit. If so, the case is unsealed and the government and the individual (relator) proceed together. If the government decides not to join the suit, the relator may continue alone. If the case is ultimately successful, the relator will receive at least 15 percent but not more than 25 percent of the proceeds of the action or settlement of the claim. An employee/relator is protected against retaliation. If retaliation for filing a complaint under the False Claims Act does occur, the employee has up to three years after the date of the retaliation to file a lawsuit.

CONTACT TEXAS WHISTLEBLOWER ATTORNEY DON TITTLE

It takes courage to be a whistleblower, to stand up for what is right even though you may face hostility or retaliation. Don Tittle has more than 25 years of experience and has successfully represented employees who were retaliated against for reporting the illegal or fraudulent acts of their employer. The laws protecting whistleblowers are complex and statutes of limitations are frequently short. Contact our lawyers at (214) 522-8400 or use the online contact form to arrange a free and confidential initial consultation about your legal questions and concerns.