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Category: Employment Law
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Experience:  Attorney
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I work for the state government processing disability claims

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I work for the state government processing disability claims and we get our funding from the federal government. Because of this we are suppose to process a certain number of claims each quarter. It's a production job but many of the analysts can't do the job correctly and meet the number so they "cheat". They don't order records, don't read necessary medical information that pertains to a case which can affect whether a person is allowed for disability. Basically it's fraud. I've spoken to management about this many times and I'm even trying to get the senate involved in an investigation over the unlawful practices in our office. Management knows what's happening but looks the other way because if they enforced all the rules no one would be able to meet their numbers and we might lose our funding from the federal government. I've worked for the state for 3 years and am not meeting my production goal but have told them I can't meet the goal and do the job correctly. I've been ignored. At this time I've been told I'm going to be written up soon for termination. Over the past two years I've kept a daily log of things which aren't being done right, I've got emails and I also have other analysts that let me record taped statements where they admit cases are not being done properly and management knows it but looks the other way. I'm not being discriminated against for anything except not being willing to commit fraud so I don't know if this is a case for the EEOC or should I skip this step and just get a lawyer? Also, am I allowed to bring the information I have to the media so the people of Virginia can know what's going on or could the government sue me?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Virginia
JA: Has anything been filed or reported?
Customer: I have put the issues in my quarterly review. I also had a meeting with the office of the inspector general but in all honesty I don't know how much good that does since they don't really know our procedures and when they ask for information the state is just giving them what they want them to see. I do believe that due to their involvement a committee was set up to listen to all the analysts issues and we all told the committee leaders what was going on but at the end of the meeting we were told our production numbers aren't going to change. I also sent information to senator Tim Kaine and they are reviewing it now.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just want to see if I make the decision to fight this can I make it public so the people of the state can find out what's going on because I don't think things will change unless the state realizes the people may find out which I know they don't want that to happen.

Hi there. My name is ***** ***** I'm a licensed attorney. I'm reviewing your question and will respond shortly. Please keep in mind all information provided is for educational purposes only.

My opinion would be that you should first seek out an attorney. If your employer retaliates against you for disclosing they wrongdoing, they are in violation of The Whistleblower Protection Act of 1989, and you could file a claim with the EEOC. However, you would have to wait until such retaliation occurred, and it would take time for the EEOC to process your claim. If they threaten retaliation, you could make them aware that they were in violation of EEOC protections, but I think it would be to your best interest to reach out to an employment law attorney so that they could help you protect your position while you go through the whistleblowing process.

In terms of whether you could bring this information to the media, that would depend on the contract that you signed when you were employed. Often these contracts have confidentiality clauses. It would be beneficial to you to have an attorney look over your confidentiality clause before going to the media to ensure that you are protected.

If I've fully answered your question, I'd appreciate a five-star rating. Otherwise, please let me know how else I can assist you.

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