I have been terminated for false reasons, which can be proved as false, after filing a compliance issue regarding medicare fraud. Before being fired and after filing my issue I was harrassed for a time period, my fmla was denied and I was put on suspension with pay as other people were hired to take my place. What should I do now?
State/Country relating to question: Georgia
I spoke with an attorney, that I had previously used on another issue years ago,before I even filed the complaint. however he is in a different state.
Hello and welcome,You reported Medicare Fraud by the employer and believe the employer retaliated against you for doing that?
Basically yes. My Employer is already under a medicare umbrella for fraud that is allowing him to still provide services and bill to medicare however he must have compliance policies intact in the office for billing, coding ect. We were given a "complance" meeting and asked to sign a form stating that we agreed that he was doing evrything correctly ie ordering needed tests and procedures, using correct diagnosis codes ect and hes not but if you didnt sign the form you would be terminated unless you submitted your issue. So I submitted several issues and have been harrased and now terminated.
I see.Federal law does typically protect individuals from Retaliation for reporting Medicare fraud because reporting such issues is encouraged. The FMLA, another federal law, also protects employees from retaliation from seeking FMLA leave typically, so it appears you may have two viable causes of action against the employer in this case, both under federal law.Here is a link that speaks to claims under the Medical Fraud and Abuse statutes:http://medicarefraudhotline.com/faqs.htmlAnd here is a link to a GA firm that represents employees who have experienced FMLA retaliation. http://www.buckleyklein.com/lawyer-attorney-1312253.htmlSince it appears you have multiple claims, I would look for a firm that handles both types of claims, preferably an Employment Law firm since this occurred in the employment context.The state and local bar associations can provide attorney referrals for you.
Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction.
Thank you and all the best to you,
JD, BBA, recognized for excellence in this area of law.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).