WHAT CONSTITUTES A WHISTLEBLOWER?

A whistleblower is one who reports an act of wrongdoing by their employer or fellow employee. Whistleblowing may be aimed at a public or private entity by reporting illegal acts or violations to persons inside or outside of the organization. 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. While most corporations and businesses act ethically, there are instances in which managers or executives commit illegal acts or violations such as tax fraud, misuse of state and federal funds, or Medicaid/Medicare fraud. The list of illegal conduct is lengthy and need not necessarily involve money or government funds. Someone who has observed safety violations that endanger the lives of employees might blow the whistle on a company which chooses to look the other way.

PROTECTED ACTIONS

The Texas Whistleblower Act, found in Section 554.001 of the Texas Government Code, applies only to public employees. Texas does not have a similar general whistleblower statute applicable to private employers; however, several other statutes do prohibit private employers from taking adverse action against employees who see and report misconduct. Below are a few examples of acts protected under Texas law:

• A Texas company cannot retaliate against an employee who opposes or reports discriminatory practices in the workplace.
• A doctor who reports another doctor to the Texas Medical Board cannot be retaliated against.
• A nursing home employee who reports abuse or neglect of a nursing home resident is protected from retaliation.
• The Hazard Communication Act protects an employee who files a complaint, assists an inspector, institutes a proceeding, testifies, or exercises a right under the Act with regard to hazardous chemicals in the workplace.
• Agricultural workers cannot be retaliated against for reporting a violation of the Agricultural Hazard Communication Act.
• An employee may not be suspended or discharged in retaliation for reporting an alleged violation of an occupational health or safety law via the Safety Violations Hotline (through the Texas Department of Insurance, Workers’ Compensation Division).

COMPLEXITIES IN WHISTLEBLOWER CASES

Whistleblower claims require experience and tenacity. An experienced whistleblower attorney will be able to evaluate your claims and stand along side you through the legal process. At the Law Offices of Don Tittle, we recognize the emotional toll and courage it takes to bring suit against your former employer. While whistleblower laws vary, they commonly require that the violation be reported to a person in a position of authority with the ability to address the perceived violation in good faith. Most whistleblower laws protect the whistleblower who reports a violation in good faith even if it later turns out that the violation is not sustained. It is a sad and unfortunate fact that the defense strategy in these cases often involves employers attempting to make the whistleblower seem like the problem. However, it’s been our experience that juries are more persuaded by positive performance evaluations, commendations and awards, and promotions that an employee has received than post-law suit negative criticism of work performance. Whistleblowers must comply with all of the technical aspects of the laws. They must report the act of wrongdoing in a particular manner and within a certain time period after its discovery. It is imperative that a lawsuit be filed using the appropriate laws, because not all laws protect private-sector employees. Many laws require the employee to exhaust their administrative remedies by first making an internal complaint and giving the employer an opportunity to correct the matter. Our firm can guide you through this process. These are some of the reasons you should confer with a whistleblower attorney who has experience in whistleblower actions. Take thorough notes and keep copies of all records related to your employment, and contact a whistleblower lawyer early on so that you don’t miss any important deadlines and are guided through each step of what can be a daunting process. Call Don Tittle at (214) 522-8400 or use the online contact form to arrange a free initial consultation about your concerns.