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I have been terminated for false reasons, which can be proved

 
Tina's Avatar
  • Answered by:Tina
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Customer Question

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?

 

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State/Country relating to question: Georgia

Already Tried:
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.

Submitted: 283 days and 4 hours ago.
Category: Employment Law
Value: $38
Status: CLOSED
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Expert:  Tina replied 283 days and 4 hours ago.

Hello and welcome,

You reported Medicare Fraud by the employer and believe the employer retaliated against you for doing that?

Customer replied 283 days and 4 hours ago.

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.

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Expert:  Tina replied 283 days and 4 hours ago.

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.html

And here is a link to a GA firm that represents employees who have experienced FMLA retaliation.

http://www.buckleyklein.com/lawyer-attorney-1312253.html

Since 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.

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Thank you and all the best to you,

Tina

Expert TypeLawyer
Category: Employment Law
Pos. Feedback: 98.0 %
Accepts: 7256
Answered: 7/2/2012

Experience: JD, BBA, recognized for excellence in this area of law.

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