The Texas Whistleblower Act: To blow the whistle or otherwise to blow the whistle? That is the question.

rasha-zeyadeh Dallas Lonestar benefits the city of Palestine. Dallas Lonestar discovers that several city officials are mistreating city funds. Dallas reports his discovery to the Palestine Police Department (“PPD”). The PPD notifies Palestine city authorities of Dallas Lonestar’s report and begins investigating the insurance claim. A couple of days later on, Dallas Lonestar’s manager fires him. The city declared Dallas Lonestar was terminated since of inadequate performance. Dallas Lonestar was never ever reprimanded for performance relevant problems as well as had no factor to believe his efficiency was lacking. In reality, soon prior to being discharged, he was provided a beautiful performance ranking. For This Reason, Dallas Lonestar thinks he was discharged because he filed a report with the PPD pertaining to city authorities’ abuse of city funds. Dallas Lonestar is upset, without a job, and intends to take legal action against the city of Palestine. What are his civil liberties?

The Texas Whistleblower Act forbids a state or city government entity from taking unfavorable personnel action versus a staff member “who in good faith reports a violation of regulation by the employing governmental entity or one more public employee to an ideal police authority.” The 2 crucial factors to consider when establishing whether an infraction of the Texas Whistleblower Act occurred are: (1) whether you acted in “good confidence” which implies that you thought the conduct you reported was an infraction of law as well as your idea was sensible; and (2) whether you reported the infraction to a proper police which is a federal government entity you thought is licensed to either apply the laws or investigate or prosecute a violation of criminal legislation. As an example, an internal report of prohibited activity to somebody else within the public entity (supervisor/HR) is not generally a record made to an appropriate legislation enforcement authority.

In this case, Dallas Lonestar had a great confidence idea that city authorities were misusing city funds. He reported the misuse to the PPD, which is a legislation enforcement firm licensed to check out criminal violations. Since Dallas Lonestar was ended within days of making the report and had no efficiency related problems, he thinks his discontinuation is retaliatory. To go after an insurance claim under the Texas Whistleblower Act, Dallas Lonestar must, within 90 days from the date of his discontinuation, submit a complaint if the city of Palestine offers for a complaint procedure. If it does not, he should file a claim within 90 days from the day of his termination. If he stops working to exercise his legal rights within 90 days from the day of his termination, he forgoes his right to insist a revenge claim under the Texas Whistleblower Act.

If Dallas Lonestar is effective in verifying he was retaliated against under the Texas Whistleblower Act, he is entitled to damages, consisting of lost wages, injunctive alleviation, court costs, and lawyers’ charges. In enhancement, if Dallas Lonestar’s supervisor purposefully ended Dallas Lonestar in offense of the Texas Whistleblower Act, the supervisor might be directly in charge of a civil charge approximately $15,000, payable to the state treasury.

If you think you have been retaliated against in infraction of the Texas Whistleblower Act, you should schedule a appointment with a Dallas employment lawyer so we might discuss the specifics of your situation and determine whether we can aid you seek your insurance claim.

Released at Fri, 15 Jan 2021 14:00:45 +0000

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