California Employment Law

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I live in California, work as a special education teacher…

Customer Question
Hello. I live in...

Hello. I live in California, work as a special education teacher for a large urban school district and am considering suing my employer under the false claims act as well as for discrimination.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Union and it's not exactly "at will"

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I suspect my supervisor commits medi-cal fraud, but how do I find out?

Submitted: 5 months ago.Category: California Employment Law
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Customer reply replied 5 months ago
Because I conduct IEP meetings and am case manager (coordinator of disability services) part of my job is to ask parents to sign a waiver so that their kid’s personal info can be used by the LEA in order to seek reimbursement from Medi-Cal. The Annual IEP and Triennial IEP- which I write-is also covered by Medi-Cal. I, myself don’t write claims to Medi-cal. I write the students IEP which is then used to seek reimbursement from Medi-Cal. I've been pressured to forge dates on documrents and received a significant amount of interference from my supervisor which I relate to fraud as well.
Customer reply replied 5 months ago
I'm not a lawyer, but an educator who studied only two laws in my teacher credentialing program; IDEA and ADA (section 504). I think a financial crime is also a form of discrimination and schools are supposed to be providing kids with severe disabilities an education that's both FREE and appropriate.
Customer reply replied 5 months ago
To be clear, the kids who are NOT receiving medi-cal reimbursement for everything they do in school are being discriminated against (sent away, not allowed to enroll via the school choice program). Kids who are major medical recipients are highly favored and "choiced in" automatically. There's also false reporting of diagnosis of some students, so that the school can profit from them being there.
Answered in 13 hours by:
12/2/2017
California Employment Lawyer: Law Educator, Esq., Attorney replied 5 months ago
Law Educator, Esq.
Category: California Employment Law
Satisfied Customers: 124,228
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If your employer is doing this, then it is a criminal matter and not something you can sue over yet, as you do not have the proof. You would need to turn your evidence over to the CA Attorney General and the CA Department of Healthcare Services office administering medi-cal and they would need to investigate. If there has been a misappropriation of these federally subsidized funds, then you would need to engage a local attorney under the false claims act for what is called a "qui tam" action to allow you to recover a reward based on the amount of fraud they discovered as a result of your complaint about the fraud being committed by the school district.

So, you need to start by filing your complaint about the fraud and abuse. If the employer retaliates against you for doing so, then you have grounds for a separate suit against the employer for retaliation, which actually can proceed EVEN IF NO ACTUAL FRAUD IS FOUND. So, if you are retaliated against for reporting suspected fraud and abuse, you can win a retaliation case against the employer even if ultimately no fraud and abuse is discovered.

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Customer reply replied 5 months ago
Thank you for your reply.
I was wondering if I should hire a lawyer before reporting the fraud I suspect. I thought reporting it outright might disqualify me from a qui tam reward.I made the mistake of reporting it to my employers "fraud hotline" but never heard back from the internal audit agent. I am being retailiated against already by my employer.Is there a way to find out if the person I spoke to reported the fraud to the Department of Health Services?
Customer reply replied 5 months ago
Can I sue my soon-to-be-former employer for retailiation for fraud reported internally? My employer is a public school district operating with public funds.
California Employment Lawyer: Law Educator, Esq., Attorney replied 5 months ago

Thank you for your reply.

No, hiring an attorney before reporting would not disqualify you from the qui tam award.

If they are retaliating, you should get a lawyer involved as soon as you can.

You can sue the employer for retaliation for reporting the fraud to the proper hotline, yes.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Category: California Employment Law
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