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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12631
Experience:  Significant experience in all areas of employment law.
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I am a radiologist working corporate radiology company.

Customer Question

I am a radiologist working for a corporate radiology company. Recently I uncovered Medicare fraud conducted by the site director. The Director has been signing studies while on vacation without reviewing the findings the Physician Assistant had wrote. When submitting studies, especially for medicare, the attending Dr. needs to review the images that the PA has read and sign and state that they have reviewed all the images; which has not been done in this case. (Our income is based on productivity, so the more studies you sign off the more money you can make).I contacted the director and was ignored. I then contacted HR with the issue with the request to be anonymous. HR held a meeting with me and the directors supervisor yesterday. They assured me the information I provided would be confidential. Today the site director confronted me with anger asking why I did not resolve the issue with him before going to HR and then proceeded to take my cases away from me.I would like to know what legal options I have in solving this hustle situation and what next steps are recommended.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello again and welcome back.
If an employee is terminated in retaliation for reporting Medicare fraud, they would typically have a claim for wrongful termination in violation of public policy. If an employee can connect adverse employment action with such a report--even if they are not terminated--they also likely have a claim for damages. The key is being able to connect the report to the termination/adverse action, and that requires good documentation.
Therefore, the best course of action in these circumstances is to communicate in writing to HR that you believe you have had your cases taken away from you in retaliation for making this report. All communications concerning any other related issues should also be in writing. All verbal conversations should be followed up and summarized in writing.
As far as having your cases taken away, you can argue that this amounts to a "constructive discharge" if your cases are not reinstated, since no reasonable person would remain employed under the circumstances. But it is important to first warn your employer that this is the action you will take since the burden of proving that you had no option but to quit will fall on your shoulders.
I hope that you find this information helpful.