Tag Archive for: whistleblower

Minnesota Supreme Court Clarifies that Whistleblowers Have 6 Years to File Claim

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What is the statute of limitations for a whistleblower claim in Minnesota?  That was the question posed to the Minnesota Supreme Court in  Ford v. Minneapolis Public Schools.  In a unanimous decision, the Court has ruled that whistleblowers have six years to bring a lawsuit against an employer under the Minnesota Whistleblower Act (“MWA”).  

In Ford, the employee reported unethical and illegal activity in her department and, shortly thereafter, on April 22, 2008, was notified that her position would be eliminated at the end of the school year.  Her last day of work was June 30, 2008, and she began her lawsuit on June 29, 2010.  The Minneapolis Public Schools sought to dismiss her case by arguing that a two year statute of limitations applies to the MWA and the clock began to tick the moment she learned of her termination.  The Supreme Court agreed that the statute of limitations began to run in April, the moment she learned of her termination, but that a six-year statute of limitations applies to the MWA.  The decision can be found here.

Every law that protects employees has its own statute of limitation, which can range from ten days to six years. Employees must take action within the appropriate statute of limitations or they likely will forfeit any opportunity to do so in the future.

If you feel you have been treated unfairly at work, do not risk a statute of limitations deadline and contact the attorneys at Teske Katz Kitzer & Rochele Micko for a consultation right away.

Whistleblowers Reveal Widespread Fraud at Large Twin Cities Mental Health Agency

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Several whistleblowers have brought to light allegations of widespread fraud by Complementary Support Services (CSS). According to allegations from federal and state prosecutors, the mental healthcare provider defrauded Minnesota’s Medicaid program for millions of dollars and provided inadequate supervision of unlicensed practitioners. The state and federal prosecutors filed suit against CSS in November of 2015.

Several employees have come forward to blow the whistle and publicly report the fraud as well as retaliation and alleged blackmail of CSS employees. According to Naomi Davis, CSS threatened to withhold her paycheck if she did not agree to file false reports. Such claims could give rise to employment retaliation and whistleblower claims.

In addition, a qui tam, or False Claims Act (FCA) lawsuit was filed in 2013 against CSS, and both the United States and Minnesota governments have joined the suit. The lawsuit was initially filed under seal, as required by state and federal law, and was recently made public by the Court. The whistleblower lawsuit was filed by William Schwandt as a relator on behalf of both the United States and Minnesota.

These whistleblowers highlight the need for individuals to report government fraud, waste and abuse, and the important role that whistleblower reward laws–or qui tam laws, as they are sometimes called–play in stopping and correcting fraud in our community. There are robust laws that reward individuals who report fraud and even allow such individuals to file lawsuits on behalf of the government in order to recover the improperly-obtained money. In addition, there are many laws that protect employees who act as whistleblowers, preventing them from being retaliated against or fired for reporting or refusing to engage in fraud or other illegal conduct. In addition, some laws allow individuals to file confidential complaints in order to protect them from their employer or others of learning their identity.

Teske Katz Kitzer & Rochel has a proven track record of representing whistleblowers. If you have questions or feel that you may be aware of government fraud, contact us today for a free consultation.