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I am suing a former Employer in Small Claims Court in Houston, TX. I recently consulted with a Employee / Employer Attorney in Houston who told me that even though I'd reported the Employer (a NonProfit) to the Texas State Attorney General's office for alleged fraud and misrepresentation with respect to where donated monies were or were not going, I do not qualify in Texas to sue the Employer based on RETALIATION issues, because, the retaliation was not linked to EEOC issues, (i.e. race, discrimination, etc. Secondly, because Texas is a right to work State, Employers can evidently terminate an Employee for any reason, without cause, AND BECAUSE MY "WHISTLEBLOWING" DID NOT INVOLVE "HEALTH AND SAFETY" ISSUES, or FEDERAL STATUTES, I HAVE NO CAUSE OF ACTION IN THE STATE OF TEXAS. I'M LOOKING FOR TEXAS CASE LAW THAT MIGHT SUPPORT SUING FOR RETALIATION RE: WHISTLE BLOWING & FRAUD MISRESPRESENTATION RE: JOB DESCRIPTION & UNTRUE CLAIMS OF INSUBORDINATION & POTENTIAL BREACH OF CONTRACT.

Submitted: 377 days ago.
Category: Employment Law
Value: $15
Status: CLOSED
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377 days ago.

Reply

Houston, Texas

Posted by Len 377 days ago.

Answer

I would like to help you but need a little more information.

 

Please understand that this forum does not create an attorney-client relationship. It is just not feasible to become fully informed without sitting down, face to face. This is especially true without an opportunity for interaction or review of relevant documents and other evidence. Finally, there is simply no substitute for a consultation with an experienced attorney in your state.

 

I am an employment law attorney here in Texas, and I need to know whether the non-profit was supported by Fed or State funds.

 

Thanks,

 

Len

 

376 days and 23 hours ago.

Reply

This particular Non Profit does apply for and does receive "all kinds of Grant Monies," for healthcare programs and initiatives, which it turns out aren't really being implemented. In answer to your question, the NonProfit I worked for used to be a 5013 C or 501C3, that filed as such in the State of Texas. About 2 years ago, it merged with 4 other States and has become a part of a 5013C or 501C3 that is filed in Missouri. (TheTexas NonProfit was a chapter of a larger, well known, old, venerable National Non Profit that is going through a nationwide trend of regionalizing, and therefore it merged with Oklahoma, Missouri, Kansas and Nebraska).

Posted by Len 376 days and 23 hours ago.

Answer

Well, you have definitely received a harsh introduction to the status of employment law in Texas. The attorney you visited with is basically correct. This is a "right to work" state which limits Texas employees in many respects.

 

I also agree about the retaliation issue. I'm not aware of any legal theory that would help you there.

 

However, there is one very small chance that you could seek relief. When a organization is state, and more importantly federally, funded, and then commits fraud, you can pursue a claim known as "Qui Tam". These types of actions first require that the federal and state authorities be given an opportunity to investigate and pursue claims. However, as the whistleblower, you can step into the shoes of the government and take the lead.

 

The only "Qui Tam" lawyer I know that has been successful is Jeff Blackburn in Amarillo, Texas.

 

That is probably not the answer you wanted, but in Texas, that is often the type of answer I have to give people, over the internet, or in person.

 

I wish you the best.

 

Len

 

376 days and 23 hours ago.

Reply

Is there "Case Law," that relates to "Qui Tam?" Also, because the entity I'm suing is doing business in 5 States, not just Texas, and it's incorporated as a NonProfit in Missouri, does that have any bearing on "Qui Tam?" Thank you.

Posted by Len 376 days and 23 hours ago.

Answer

The multi-state aspect of the organization might help in terms of state v. fed venues, but the actual jurisdiction in terms of available remedies will be TX and Fed only.

 

As far as Qui Tam go any good legal search engine and use terms "Qui Tam" employment, whistleblower, etc.

 

Len

 

375 days and 22 hours ago.

Reply

<p>Apparently, the advice given here is very old and out of date. Qui Tam has not been used for over 10 years the law changed. This is according to Jeff Blackburn's office in Amarillo, TX. the Texas Attorney you recommended. Unfortunately, it appears that the legal expertise you volunteered was quite "out of date," therefore not helpful but instead problematic.</p>

Answer

<p>Then, I doubt there is any possible legal theory that will be available to you. Again, I know that is not the answer you want to hear, and I offered the only possibility I could think of. You should continue looking for a lawyer in your area that may have another theory.</p><p> </p><p>Good Luck.</p><p> </p>

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Expert: Len
Pos. Feedback: 100.0 %
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Answered: 11/11/2008

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15 years experience in employment and criminal Law.

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