Minnesota Whistleblower Lawsuit Dismissed
On June 9, 2009, the Minnesota Appeals Court dismissed a lawsuit from former Minnesota Occupational Safety and Health Administration (“MOSHA”) investigators who alleged that they were transferred from their position and dismissed contrary to federal anti-retaliation statutes. The investigators had complained about their supervisors’ failure to pursue citations against a concrete plant that the investigators believed was conducting business contrary to MOSHA regulations. The complaining investigators were subsequently denied raises. MOSHA claimed that the transfers were done to centralize staff, and that the denial of raises was an appropriate management decisions.
However, the Appeals Court determined that the plaintiff in this case, Douglas Crosby, was unable to prove that his transfer and denied raise were connected to his previous complaints about his employer’s behavior. If this connection had been proven, Crosby would be eligible to receive payment under the federal False Claims Act (“FCA”), which contains a qui tam provision allowing whistleblowers to collect 15-30% of damages awarded by federal courts. It is unclear whether Crosby will appeal the Appeals Court’s decision.
Another similar lawsuit brought by MOSHA investigator Terrell Swanson is still ongoing. Swanson’s allegations are similar; he was also denied a raise and transferred following his complaints about his supervisors’ behavior.
If you are aware of ongoing fraud against the government, you could have a whistleblower lawsuit. Contact an experienced whistleblower lawyer for a claim evaluation.
Tags: false claims act, minnesota, osha, Whistleblower lawsuits