23 results for 'cat:"Employment" AND cat:"False Claims"'.
J. Knapp grants the postal service contractor's motion to dismiss, ruling the employee's claim he "reported concerns" about underpayment of wages to supervisors are too vague and conclusory to meet pleading requirements under the False Claims Act, especially considering there is no information about the specific wage payment violations or how the contractor responded to the reports.
Court: USDC Northern District of Ohio, Judge: Knapp, Filed On: April 24, 2024, Case #: 1:19cv1900, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: employment, Evidence, false Claims
J. Talwani denies an employer’s motion for summary judgment against its former employee’s retaliation claims. A reasonable jury could find the employee was fired under false pretenses, rather than placed on a performance improvement plan, as retaliation for making a False Claims Act complaint.
Court: USDC Massachusetts, Judge: Talwani, Filed On: April 10, 2024, Case #: 1:11cv10790, NOS: Other Statutory Actions - Other Suits, Categories: employment, false Claims, Whistleblowers
J. Tostrud grants the former employee's motion for default judgment in suit against his former employer alleging retaliatory discharge under the False Claims Act and breach of contract. Taken as true, the employee's allegations satisfy all the elements of both claims, and the employer's failure to prosecute its counterclaims warrants dismissal of those counterclaims. Judgment is awarded in the amount of $1,821,620.68.
Court: USDC Minnesota, Judge: Tostrud, Filed On: March 26, 2024, Case #: 0:22cv2145, NOS: False Claims Act - Torts - Personal Injury, Categories: employment, false Claims
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J. Drozd denies, in part, Kaiser Permanente’s motion to dismiss an individual’s False Claims Act case. The individual has sufficiently alleged claims related to tampering with compliance software, and for retaliation.
Court: USDC Eastern District of California, Judge: Drozd, Filed On: February 13, 2024, Case #: 2:19cv559, NOS: False Claims Act - Torts - Personal Injury, Categories: false Claims, employment Retaliation
J. Leeson grants in part a company’s motion to dismiss an employee’s complaint that he was fired in retaliation for reporting that the company allowed its officers to access customers’ protected health information while outside of the United States, fraudulently classified its employees as Allentown residents to qualify for a tax credit, and laid off employees in violation of the Worker Adjustment and Retraining Notification (WARN) Act. The employee failed to state a claim under the False Claims Act.
Court: USDC Eastern District of Pennsylvania, Judge: Leeson, Filed On: November 27, 2023, Case #: 5:23cv2166, NOS: False Claims Act - Torts - Personal Injury, Categories: false Claims, Whistleblowers, employment Retaliation
J. Woodlock finds that a former employee was not fired for reporting fraud, as she claims. She refused to provide her former employer with specifics regarding the fraud she was claiming occurred, and she had been guilty unapproved absences.
Court: USDC Massachusetts, Judge: Woodlock, Filed On: November 13, 2023, Case #: 1:13cv11997, NOS: False Claims Act - Torts - Personal Injury, Categories: employment, false Claims, Whistleblowers
J. Nye denies cross-motions to compel regarding an employee relator's allegations of false claims. The False Claims Act does not allow a relator to serve a defendant until the government decides whether it wishes to intervene or to allow the relator to proceed on the government's behalf. The government has moved for dismissal of all claims except the employee's unlawful employment retaliation claim. The employer has not shown that the employee has "possession, custody, or control of any additional medical documents." The employee's "requests are overbroad and would be unduly burdensome to produce."
Court: USDC Idaho, Judge: Nye, Filed On: October 18, 2023, Case #: 4:16cv226, NOS: False Claims Act - Torts - Personal Injury, Categories: employment, false Claims, employment Retaliation
J. Lawson grants the hospital's and treasurer's motions to dismiss an action brought by the relator under the False Claims Act and the Georgia False Medicaid Claims Act alleging that the hospital knowingly submitted fraudulent claims to the government for payment and fired the relator when she confronted them. The relator failed to plead facts sufficient to put the hospital on notice of the claims against it and failed to establish a reliable basis for the assertion that the hospital submitted false claims for payment. The relator also failed to adequately allege that the hospital knowingly made any false statement for the purpose of getting a false claim paid by the government.
Court: USDC Middle District of Georgia, Judge: Lawson, Filed On: October 12, 2023, Case #: 7:21cv72, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: false Claims, employment Retaliation
J. Cullen grants the U.S. Department of Agriculture’s Farm Service Agency employees' motion to dismiss. The former county executive director alleged she was fired in retaliation for reporting evidence suggesting that some farmers were submitting fraudulent applications for the forage program, which operates effectively as an insurance program for farmers to cover losses from low crop yields. Despite the availability of USDA administrative hearing and appeal procedures, the former director failed to allege that she pursued these procedures before bringing this
action.
Court: USDC Western District of Virginia, Judge: Cullen , Filed On: October 5, 2023, Case #: 4:22cv13, NOS: False Claims Act - Torts - Personal Injury, Categories: false Claims, Whistleblowers, employment Retaliation
J. Wolford allows an employee to continue certain claims contending a company and its executives made false representations about prevailing wage requirements on a city project, and fired the employee for raising objections. The court assumes the company requested payment from the city, which would fall under the false claims act, but evidence did not indicate the request contained material misrepresentations. However, the employee may have been terminated for engaging in protected activity.
Court: USDC Western District of New York, Judge: Wolford , Filed On: September 19, 2023, Case #: 6:20cv6167, NOS: False Claims Act - Torts - Personal Injury, Categories: false Claims, employment Retaliation
J. Chuang grants an orthopedic surgery firm its motion to dismiss claims of wage law and False Claims Act violations by a former doctor. The doctor argues the firm violated the Act when it claimed he and another doctor owed overhead expenses and loans exceeding their outstanding accounts receivable, which the doctor claims is false. Then the firm “took control” of the accounts receivable. However, even if the doctor had presented sufficient evidence of false claims, which he failed to do, he is not protected under the Act.
Court: USDC Maryland, Judge: Chuang, Filed On: July 7, 2023, Case #: 8:22cv1501, NOS: False Claims Act - Torts - Personal Injury, Categories: employment, false Claims, employment Retaliation