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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18791
Experience:  Employment/Labor Law Litigation
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I work in healthcare as a rehab director for a national

Customer Question

I work in healthcare as a rehab director for a national company. I recently suspended a therapist pending an investigation, for poor billing practices, in other words I watched her commit fraud. She filed a compliance hotline complaint while she was suspended and I have not been notified about what it was about specifically. I have been kept in the dark and not included in the decisions surrounding this incident. Obviously she filed a complaint about me. So despite the evidence of her practices they brought her back. In the meantime I have no details about why they brought her back. I just know that now my boss has scheduled a site visit with me but won't give me details on why.
I feel that I am being set up to take a fall based on a disgruntled employees complaint. If whatever her issue was such an issue why didn't she complain when it happen?
Submitted: 2 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 2 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

I'm not really sure that I can answer your question concerning her reason for not reporting the issue before. We're just guessing here, but it seems fairly clear that this complaint was made in retaliation for your having suspended her.

Now, all that said, in employment law you can legally be suspended or terminated at any time, with or without cause. This is called at will employment and without a contract of employment that changes that status, you are an "at will" employee.

That means that the employer can entertain this person's complaint, keep you in the dark and not include you in the investigation. There is no due process requirement for a private employer, as they are not a court. You may very well be in a situation where you are being set up, completely legally. Unless you have some evidence to suggest that the actual reason is your race, religion, gender, age, disability or recent medical leave use, you wouldn't even have any recourse to stop it.

I wish I could tell you differently here, but most people don't realize how unprotected their employment is.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Customer: replied 2 months ago.
when I found out they were bringing her back and I expressed the fact that I witnessed her commit Medicare Fraud, and was completely uncomfortable with this could they be nervous I would report the company. If in fact I am fired could this be retaliation as well?
Expert:  Allen M., Esq. replied 2 months ago.

Unless you've expressed that you would report the fraud or have actually reported the fraud, it is difficult to prove actionable retaliation.

Very few forms of retaliation are actually actionable, so it's probably in your best interest to set that up now by expressing to the employer in an email that you feel left out of this situation and you feel it is directly related to the issue of your finding Medicare fraud. I know that is fairly inflammatory, but you need the actual threat of reporting in the air for their reaction to be illegal retaliation.

Expert:  Allen M., Esq. replied 2 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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