Protecting Whistleblowers.

Federal and state laws protect employees who suffer an “adverse employment action” because they complain about discrimination, a violation of wage and hour laws or for blowing the whistle about conduct which “is in violation of a law, rule or regulation which  creates and presents a substantial and specific danger to the public health or safety, or which constitutes health care fraud.”

Retaliation can take the form of any conduct which constitutes an “adverse employment action,” including termination, demotion, or failure to promote.  Typically, employees come to us because they have been fired in retaliation for their complaint. 

We represent: 

• Employees who are fired, demoted or disciplined for complaining about discrimination against themselves or a co-worker;

• Employees who are fired, demoted or disciplined for complaining about not being paid minimum wages, overtime wages, prevailing wages, commissions or a bonus;

• Employees who are fired, demoted or disciplined for complaining about their employer’s violation of a law, rule or regulation that presents a specific danger to the public health or safety. 

MSR has long record of successfully protecting employees against retaliation.

• $1,000,000 settlement on behalf of a whistleblower who had been at her company for less than a year. The case settled at mediation and without litigation.

• $925,000 pre-litigation settlement for non-profit whistleblower who was terminated for exposing fraud;

• Six figure settlement on behalf of City of Mount Vernon employee who was terminated for exposing misconduct;

• Significant settlement on behalf of an employee of a midtown Manhattan health club who blew the whistle on unsafe conditions in the club’s pool and was subsequently fired;

• Large settlement on behalf of a roofer who complained that the construction company he worked for was not paying its workers overtime wages for those hours they worked in excess of 40 in a week;

MSR is currently representing a former SUNY Downstate Medical Center cardiac surgeon who we believe was fired in retaliation for complaining about the Center’s inadequate training of staff on how to use a particular life-saving cardiac machine which caused the death of at least one patient.

Anti-retaliation laws are complex and nuanced, and unfortunately leave many good faith whistleblowers in the cold. Menken Simpson & Rozger has the experience, knowledge and expertise to help you determine whether the retaliation you have suffered may be unlawful. 

A “qui tam” or false claim lawsuit is brought by a private individual in the place of the government, meaning that a private individual is suing to recover money, not for themselves, but for the government.

Some laws, such as the federal and New York False Claims Acts, actively encourage people with information about certain kinds of wrongdoing to come forward. These laws offer rewards or bounties to people who successfully uncover fraud or misrepresentations regarding government funds. Where someone has specific information concerning a fraud against the government, and that information is not currently known to government investigators, the law may allow the whistleblower to retain a portion of any funds recovered for the government.

MSR has litigated these complex cases and secured favorable outcomes for our whistleblowing clients.

We represent:

• Healthcare employees who have evidence that their employer is obtaining reimbursement from Medicare and/or Medicaid for medical procedures, tests or services that are unnecessary or have not been provided;

• Employees of government contractors who have information their employer is obtaining government payments for work not performed or inadequately performed;

• Employees of government contractors who discover their employer has contractually agreed to pay their workers at a certain prevailing wage rate but pays them at a different, lower rate.

Our Recent Qui Tam Results

• Secured a $5.7 million award for a client who blew the lid on off-label marketing of pharmaceuticals against a pharmaceutical company; and, 

• Won a $3.4 million reward for a client who blew the whistle on Medicaid fraud.

MSR lawyers can help you navigate the often labyrinthine qui tam and false claims act laws. We help our clients expose corruption and misconduct and protect our clients’ rights to be rewarded for their bravery. If you believe you may have information concerning fraud against a government entity, contact us to schedule a consultation.

or call us (212) 509-1616

Photo by Andrew Jephson on Unsplash