It is important that employees are able to report improper or dangerous conditions that they observe in their workplaces. When someone is aware that fraudulent or dangerous practices could negatively impact the public, they are often uniquely positioned to report the problem. Unfortunately, an employee who is aware of a violation of the law may be afraid that if they report it, they could face retaliation and be terminated or face other negative employment actions.

This is the claim made by two employees of a for-profit Minnesota college. They both claim that because they had been open about what they viewed as serious problems with the admissions and accreditation process, they were subjected to negative employment actions. Both employees brought their claims under the Minnesota Whistleblower Act.

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Susan Coler participated in “False Claims Act Enforcement from a Whistleblower Perspective – A Panel Discussion,” MSBA Health Law Section, April 24,  2019. Coler and the other panel members Jeffrey Gleason, Robins Kaplan, and Jonathan Bye, Ballard Spahr, discussed trends in government enforcement priorities, the impact of the Supreme Court’s Escobar decision and the DOJ case dismissals under the Granston memo. Said Coler, “the important message from my perspective was to be clear-minded about the nature of FCA cases and not get bogged down in jargon and legal constructs that often blur the real issues.”

A closely cropped portrait of Susan Coler, attorney. White-haired and smiling in a smart purple suit, she's seated in front of a professional gray background.Learn more about Susan Coler and her work with whistleblowers and the False Claims Act.

Small Business Owner Cheated Out of Government Contract

Much of the work of the federal government is accomplished through contracts with non-governmental entities. For the fiscal year ending September 30, 2015, those contracts added up to more than $500 billion. The Legislature wants a good portion (23%) of those dollars to go to small businesses as a means of strengthening the nations’ economy. To achieve that goal, the government designates certain contracts and subcontracts as “set aside” for small businesses. The Small Businesses Administration oversees these set-asides. Contracts are further set aside for small businesses with additional distinctive characteristics including small businesses that are disadvantaged, women-owned, service-disabled, veteran-owned, and small businesses located in economically distressed communities (HUBZones). One of the goals of the set-asides is to help small businesses of various types to grow and to develop the competence and expertise to compete in the open market for government contracts.

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A rectangular logo with black letters reading "halunen law" accompanied by the tagline "Employment, Consumer, Whistleblower".Halunen Law, Lockridge Grindal Nauen P.L.L.P., and Levin Sedran & Berman, announced recently that plaintiffs they represented entered into an agreement to settle various class actions relating to IKO roofing shingles. The settlement applies to the “organic” asphalt shingles that were installed on buildings in the United States primarily between 1978 and 2008.

Read the recent press release about this settlement
(https://www.prnewswire.com/news-releases/iko-settles-class-action-lawsuit-regarding-organic-asphalt-shingles-300742840.html)

People who own or owned buildings with IKO organic shingles can obtain additional information about the settlement by checking the website at http://www.ikoorganicroofingshinglesclassactionsettlement.com

Text: Whistleblower in bold black letters with a yellow highlight in the background.

CBS’s New Whistleblower Series Shines a Light on Real-Life Whistleblowers

CBS television launched the new 8-part series called Whistleblower On July 13. The show offers an in-depth look at the remarkable courage and resolve of several whistleblowers, and the difficult paths they take that lead to justice.

Familiar territory for Halunen Law Qui Tam/Whistleblower attorneys. Halunen’s attorneys are in the daily fight to prosecute cases brought by whistleblowers to challenge unlawful corporate conduct. We know the toll these cases can take on those courageous enough to challenge unethical practices and we do everything we can to alleviate that burden.

“We’re pleased to see such a bright, national spotlight put on these heroes with the whistleblower series. It presents an opportunity to educate a broader audience about the profound changes these cases can bring and the types of fraud that still occur today. We encourage you to tune in on Friday nights and follow the whistleblower series.”

 

Check Your Local Listings for Times

CBS Launches Whistleblower - S1E1

Episode One: “Blow the Whistle, Change the World”

Two dentists were alarmed by the unsafe and fraudulent practices they observed as standard practice at a pediatric dental chain that provides services in underserved communities. They challenged those practices that they feared would lead to overtreatment, overbilling and putting children at risk. The episode also features a whistleblower who took on pharmaceutical giant Bristol-Myers Squibb accusing the company of using illicit bribes, expensive vacations, and sumptuous dinners to gain illegal access to patient medical records and influence doctors to prescribe the company’s high-priced meds. Watch the full episode

CBS Launches Whistleblower - S1E2

Episode Two: “The Deadly Cancer Doctor & the Ugly Side of the Beauty Business”

What could be worse than being diagnosed and treated for cancer? Later finding out that your doctor lied and you never had it to begin with. An office manager at a cancer center blew the whistle on the oncologist running the practice when he discovered the doctor was giving chemotherapy to more than 500 patients who do not need it. The scope of what the whistleblower discovered was staggering. This episode also features the story of courageous whistleblowers who challenged the unethical practices of Marinello Schools of Beauty after uncovering fraud against its students. Watch the full episode

CBS Launches Whistleblower - S1E3

Episode Three: “The Case Against Northrop”

James Holzrichter thought he had landed his dream job working at Northrop, one of the top military contractors in the world. But, once he moved from testing equipment to “product assurance,” that is, ensuring that the company was properly billing the government for parts, he began to notice some disturbing trends. Taking nearly two decades to be resolved this case is the featured story for the full episode. Watch the full episode

CBS Launches Whistleblower - S1E4

Episode Four: “The Case Against the Cardiologists and the Case Against Wells Fargo”

In this episode Host, Alex Ferrer investigates the case against cardiologists engaging in unethical, potentially life-threatening practices. The first segment features Dr. Michael Jones, a successful cardiologist in Lexington, Ky., who noticed a troubling pattern in the patients showing up in his office. They were all from the same part of rural Kentucky, and each of them seemed to have had expensive heart procedures he believed they didn’t need. The second segment features courageous whistleblower Jessie Guitron who sounded the early alarms in what subsequently became a huge banking scandal for Wells Fargo amid allegations that bank employees were encouraged to open credit card accounts for customers without their knowledge, leading to even larger, systemic fraud. Watch the full episode

CBS Launches Whistleblower - S1E5

Episode Five: “The Case Against Los Alamos”

Los Alamos National Laboratory, the birthplace of the atomic bomb and home to some of the country’s most dangerous secrets had some troubling security issues. Following a series of embarrassing security lapses and thefts, former police chiefs Glenn Walp and Steve Doran were brought in to review and bolster security at the facility in 2002. But almost immediately, it was clear that things were far worse than they had thought. Watch the full episode

CBS' Whistleblower - Episode 6

Episode Six: “The Case Against eClinicalWorks; the Case Against Chartwells”

Thanks to electronic medical records, millions of Americans now expect their doctors to have the right information about their care at their fingertips. But could faulty digital medical records cost lives? Host Alex Ferrer investigates the case of medical charting software gone wrong. In the second part of this episode, New York Chef Jeffrey Mills, became executive director of the Office of Food and Nutritional Services for DC Public Schools (DCPS) and discovered an entrenched system of spoiled, and wasted food served across the school system. His whistleblower actions resulted in a $19.4 million settlement against the food service provider. Watch the full episode

CBS' Whistleblower - Episode 7

Episode Seven: “The Case Against Second Chance Body Armor”

What would you do if you had dedicated your career to protecting those who protect us, only to discover the company that once saved your life may be putting others at risk? Dr. Aaron Westrick was the research director for America’s largest body armor company – Second Chance Body Armor – and was the first official to oppose the sale of bulletproof vests made with Zylon fiber. Based on his disclosures, these defective vests were forced off the market and police officer’s lives were saved. Dr. Westrick’s story is featured in this hour-long episode. Watch the full episode

Allegiance Health Management, Inc. agrees to pay $1.7 million in False Claims Act settlement Beginning in 2005, Allegiance entered into agreements with hospitals located in the Southeastern United States to provide Intensive Outpatient Psychotherapy services to patients who were Medicare beneficiaries on the hospitals’ behalf. The settlement resolves allegations that many patients were provided services that did not qualify for Medicare reimbursement but were billed as such.

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Halunen Law - Have I Been Wrongfully Terminated Minnesota is known as an employment “at-will” state. This means that an employer can terminate an employee for any reason, or no reason at all. This “at-will” doctrine gives employers considerable discretion, and allows them to terminate an employee for what may seem like unreasonable and irrational reasons. For example, let’s say your employer terminates you for walking into work one day with a Pepsi because he has an unofficial Coca-Cola-only policy. While this is not a great business practice, there is nothing wrongful or illegal about this termination.

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whistleblower

What is a Whistleblower?

Has your treatment on the job changed recently? Have you suddenly received performance criticisms you have never received before? Were you terminated for a bogus reason? And did this negative treatment come after a time you told your employer or a government agency that the company was doing something illegal?

If this sounds familiar, you may be a whistleblower and the workplace retaliation you have experienced is likely illegal. Many states (including Minnesota) and federal statutes prohibit what has happened to you and you may have recourse for the damage caused by the retaliation.

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Susan Coler, Halunen Law Partner and Chair of the False Claims Act Practice Group, recently spoke on a panel – “False Claims Act 101: What’s a Whistleblower to do? – as part of the Eighth Circuit Conference of the National Employment Lawyers Association.

In recent years, False Claims Act (FCA) lawsuits have dramatically increased in courts across the country. The FCA allows whistleblowers to share the government’s recovery of damages from entities who knowingly present a false or fraudulent claim for payment to the government, but there are many traps and unique procedures to be aware of in the pursuit of an FCA case. 

Presenting an overview of the FCA that was useful to employment lawyers, the panel focused on the basics, on the potential hidden pitfalls, and most important, on how to advise employee whistleblowers about their options if they have uncovered fraud against the Government. The panel addressed who qualifies as a proper qui tam plaintiff, how qui tam cases are presented to the government, how cases are filed by private counsel and how are they are handled by the Department of Justice, what types of “false claims” give rise to FCA liability, and what damages are recoverable under the FCA.

The other panelists were David Fuller from the Minnesota office of the Department of Justice, Robert Collins, an attorney from Olathe, KS, and the moderator was Sarah Brown, an attorney from Kansas City, MO.

Said Coler, “False Claims Act cases are both challenging and satisfying. It was a pleasure to be on a panel with such knowledgeable practitioners.”

The National Employment Lawyers Association (NELA) advances employee rights and serves lawyers who advocate for equality and justice in the American workplace. Learn more about NELA and its work around the country.

Halunen Law - Susan A Partner at Halunen Law, Susan is Chair of the FCA/Whistleblower practice. She represents whistleblowers across the United States in many different industries who challenge illegal corporate conduct, including fraud against the government. As a Labor and Employment Law Specialist, Susan has also brought successful retaliation claims in connection with False Claims Act (FCA) /qui tam cases and as stand-alone actions.

Learn more about Susan Coler.

Number One: Basics about Gender Discrimination

Halunen Law - Number One: Basics about Gender Discrimination Employment in Minnesota is at-will, unless you are in a union or have an employment contract. What this means is that your employer can terminate you at any time, for any reason, even if that reason is unfair or untrue.

However, your employer cannot terminate you for an illegal reason. Examples of illegal reasons to terminate a woman include: because she is a woman, or because she gets pregnant or has children to care for. Of course, employers will hardly ever come out and say that this is the reason they’re terminating someone. But it can often be deduced from all of the circumstances that the true reason for the termination is an illegal one. For example, a woman who has a strong performance history at her job tells her boss she’s pregnant. Suddenly, her boss, who previously only had praise for her work, becomes hyper-critical, and starts writing her up for small, vague, or non-existent “performance problems,” and then terminates her within weeks of her disclosing her pregnancy. This is considered evidence of pregnancy discrimination, and could potentially form the basis for a lawsuit. If you believe you are being discriminated against at work because of your sex, pregnancy, or another illegal reason, it’s best to report that discrimination to a supervisor or Human Resources employee, in writing, to document your concerns. If that doesn’t resolve your situation, consulting with an attorney can provide additional options.

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