Texas Whistleblower Protection Cases

Texas Whistleblower Protection Cases

Under common law it is unlawful to terminate employees if the sole reason is their refusal to perform an illegal act.

Sabine pilot Service Inc. v. Michael Andrew Hauck, 687 S.W.2d 733 (Tex. 1985).

Safeshred v. Martinez, 365 S.W.2d 655 (Tex. 2012).

Peine v. Hit Servs. L.P., 479 S.W.2d 445 (Tex. App. 2015).

Texas has a False Claims Act concerning fraud in government procurement and contracting.  False Claims Act claims are generally considered among the best whistleblower claims available.  We recommend determining if your case falls within this False Claims Act.

Texas Medicaid False Claims Act:

  1. Medical Assistance Program, Damages and Penalties
  2. Medicaid Fraud Prevention (including actions by private persons)
  3. Award for Reporting Medicaid Fraud, Abuse, or Overcharges
The OIG of Health and Human Services review of the law.*
*Specific to Medicaid Fraud.

 

CAUTION:  Many States have enacted laws governing whistleblowing which, in some cases, abrogate an employee’s right to pursue common law remedies.  Before filing a state whistleblower lawsuit, it is imperative to determine whether you are covered under a state law and how that law may interact with the common law “public policy” exception.  Additionally, relevant state case law governing whistleblower protection is often subject to change.  We strongly recommend a careful review of current state case law prior to filing a state whistleblower lawsuit.  Please read our disclaimer.  If you are pursuing a case under state law, we urge you to consult with an attorney familiar with those laws.  If you are pursuing a claim under a state False Claims Act, and would like a consultation with the partners at Kohn, Kohn and Colapinto, please fill out our consultation form here.

Return to Resources

Return to Blog

Updated as of July 2016.