Q. I work for a company that sells product and services to a government agency and the company is over billing or not supplying the full amount of the goods or services. What should I do?
A. You should contact Alan Burton Newman PLC immediately. Because if you are “the first to report” it to the appropriate government agency, you could receive up to 30% of the monies that the government recoups. This could mean millions of dollars for you.
Q. If I file a whistleblower complaint with an appropriate government agency, can the employer terminate me for filing the complaint?
A. No. The employer can not terminate you for filing the complaint even if the government does not adopt your complaint or sue the company.
Q. Can I sue the company even if the government decided not to sue?
A. Yes. It is more expensive and complicated, however, you will still have to share the recovery with the government.
Q. My company is a pharmaceutical company and it does not comply with Good Manufacturing Procedures (GMP). What should I do?
A. The issue is when the company fail to comply with GMP, is there an objective risk to the health and safety of the end user therefore depriving the government of what it has paid for.
For example, a pharmaceutical company manufactures drugs, which do not comply with GMP, and sells the products to a distribution company, which in turn sells to the patients, which is paid for by Medicare. This is a very difficult to prove that the product is so defective as to be useless or dangerous. Under recent court decision, the employee was not allowed to file a whistleblower suit without such evidence. However, the whistleblower may be protected against “retaliatory” termination if the claim is made in good faith for a legitimate public policy purpose such as to protect the public even if the government has suffered no monetary loss.
Q. My boss is cheating on his expense account. What should I do?
A. I would urge caution, since you are not protected as whistleblower because there is not public policy involved. That is you are protecting the corporation, not the public, and you are subject to all the messy politics in a large company including non-promotion and termination. Eventually your boss will be caught without your help.
Q. What evidence do I have to have to win a whistleblower case?
A. Each case is different. I will personally discuss with you the facts of your case, what additional facts we need to find, the likelihood of prevailing and the money you may expect to receive.
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