Whistleblower Protection

With a successful practice in employment law and False Claims Act cases, Halunen Law attorney Paul Schinner

represents whistleblowers who speak up against illegal actions in their workplace. His extensive experience provides real-world insights for his recently published article, “Whistleblower 101: Protection Laws to Know Before You Speak.” Readers will find a useful guide to the statutes that protect whistleblowers along with steps and strategies to consider before blowing the whistle.

Read the full article as published in Attorney at Law Magazine (PDF)

Paul SchinnerAs a member of Halunen Law’s legal team, attorney Paul Schinner offers years of experience in employment law, with keen legal insights, hard-nosed negotiation skills, and a proven record of obtaining successful outcomes. Paul also has extensive experience navigating False Claims Act litigation and has represented whistleblower clients in these complex federal cases across a range of industries.

In a recent Bloomberg Law article, “Trump’s DEI Order Creates Murky Fraud Risks for Contractors,” reporter Khorri Atkinson explores a number of issues including the possibility that the False Claims Act could be used against federal contractors if they do not comply with Trump’s recent executive order prohibiting diversity, equity and inclusion initiatives.

Halunen Law attorney Paul Schinner weighs in, offering the order is “riddled with ambiguities” and has “no definition section. What jumped out is that the order uses buzzwords that Republicans have used to attack DEI efforts,” and states “the FCA could potentially be litigants preferred legal route.” However, he adds, “It’s very possible to maintain some form of intentional effort to boost inclusivity without running afoul” of the new administration’s order and the law.”

Read the full article as it appeared in Bloomberg Law (PDF)

Paul SchinnerAs a member of Halunen Law’s legal team, attorney Paul Schinner offers years of experience in employment law, with keen legal insights, hard-nosed negotiation skills, and a proven record of obtaining successful outcomes. Paul also has extensive experience navigating False Claims Act litigation and has represented whistleblower clients in these complex federal cases across a range of industries.

 

The United States Department of Justice recently filed a complaint in intervention alleging violations of the False Claims Act by Clarksville Pain Institute, LLC, Pain Institute of Nashville, PLC, Michael Cox, and Debbie Cox, announced Acting U.S. Attorney Thomas J. Jaworski for the Middle District of Tennessee.

The government began investigating the alleged wrongdoing in response to a lawsuit filed by Halunen Law and Morgan Verkamp, LLC of Cincinnati, Ohio, under the qui tam, or whistleblower, provisions of the False Claims Act (FCA). Under the FCA, a private party can file an action on behalf of the United States and receive a portion of any recovery.

The complaint alleges that the defendants put profit before patients through illegal activities that include subjecting patients to unreasonable and unnecessary testing that was then billed to federal health care programs, and other billing abuses. In some instances, the complaint alleges that patients had to agree to undergo the unnecessary testing if they wanted to receive their pain medications. Moreover, the defendants are alleged to have ignored multiple warnings from consultants, auditors, and insurers that their billing practices did not comport with Medicare requirements.

“We are pleased the United States has intervened in this case and will pursue justice on behalf of the clinic patients and our client, while also recouping United States taxpayers’ funds gained through medical fraud,” said Halunen Law FCA Attorney Susan Coler. “This case demonstrates the power of a single whistleblower stepping forward, courageously challenging an employer’s illegal practices, and bringing the full force of the government to rectify the wrongdoing. Halunen Law is proud to have initiated this case, and we look forward to holding the defendants accountable for their actions.”

Read the U.S. Attorney’s Office Press Release on this Case

About Halunen Law: Offering experienced representation to employees and whistleblowers nationwide, Halunen Law has achieved a reputation as a fearless, tenacious, and successful law firm focused on achieving justice and meaningful results for its clients. See halunenlaw.com.

9373D7B5-EFD5-42DB-BA48-69EEEB4E4ADEAt Halunen Law, we are proud to stand up for the rights of workers who face unfair treatment, whether it involves disability discrimination or misclassification as independent contractors. A recent lawsuit involving FedEx, filed by the U.S. Equal Employment Opportunity Commission (EEOC), highlights two key issues we see often: disability discrimination and misclassification. This case serves as a reminder of the importance of understanding your rights as an employee.

Disability Discrimination and Reasonable Accommodation

The EEOC’s case against FedEx alleges that the company violated the Americans with Disabilities Act (ADA) by enforcing a “100% healed” policy for its Ramp Transport Drivers (RTDs). This policy prohibited drivers with any medical restrictions from returning to work, denying them reasonable accommodations that would have allowed them to continue working. As a result, affected drivers were placed on unpaid medical leave or terminated from their positions.

At Halunen Law, we recognize how devastating these policies can be for employees who are already dealing with a disability. Under the ADA, employers are required to engage in an interactive process to determine reasonable accommodations for disabled employees. Failure todo so, as FedEx allegedly did, is a clear violation of the law. Our firm has successfully represented employees facing similar discrimination, ensuring that they receive the accommodations they are entitled to under the law, and holding employers accountable for violations.

The Ongoing Misclassification of Delivery Drivers

The disability case cited above involves drivers who are actually FedEx employees. However, companies like FedEx often hire drivers as independent contractors (ICs) rather than employees.  Disability laws, including laws providing for reasonable accommodation, protect employee drivers but not ICs.  However, when you compare the work performed by employee drivers vs. IC drivers, it is often identical. There has been significant litigation over the years against companies like FedEx for misclassification of drivers as ICs.  The cases have sought to obtain benefits such as health insurance, retirement benefits, and protections under labor laws, as well as overtime pay, pay for all hours worked, and reimbursement for expenses. Halunen Law was involved in one of the first nationwide class actions against FedEx Ground for misclassified drivers as independent contractors. The company required its ICs to pay their own expenses and denied them the same benefits received by FedEx Corp. employee drivers.  As a result of these cases, FedEx was required to change its business model with respect to the direction and control it exerted over non-employee drivers.  The cases settled after years of litigation for almost $500 million.

Given our extensive experience in representing delivery drivers throughout the United States and other gig economy workers who have been wrongfully classified as independent contractors, if you are an independent contractor driver in the transportation, delivery, courier, or gig economy industry, YOU MAY HAVE CLAIMS.  You may be misclassified.  If so, YOU MAY BE ENTITLED to overtime pay, pay for all hours worked, reimbursement for expenses as well as retirement and health benefits.

Your Rights Matter

Whether you are facing disability discrimination, misclassification, or both, Halunen Law is committed to fighting for your rights. Our team of experienced employment attorneys has the knowledge and dedication to hold employers accountable for unlawful practices, just as we have done for countless clients across the country. If you are a worker facing these challenges, contact us today to connect with one of our Intake Specialists about your situation. Our experienced employment and whistleblower attorneys offer a free, confidential consultation to all potential clients. If we take your case, there is no cost unless we win.

Let us help you get the justice and compensation you deserve.

Other resources that may be helpful:

Information on:
Employee Misclassification
Wage and Hour Violations
Workplace Discrimination

Related blogs: 
Landmark Legislation Protects Minnesota Workers from Employee Misclassification

Truck Drivers, Couriers, and Delivery Service Workers Beware! You May Be Misclassified

Previous FedEx Case:
FedEx Setteled Over Alleged Discrimination in Hiring Practices

 

MINNEAPOLIS, MN., June 5, 2024: Registered Nurse Benjamin Glubka, Represented by Halunen Law, has sued Cornerstone Management Services, LLC, a privately held commercial and senior living property management company based in Rochester, Minnesota. The whistleblower retaliation case
alleges plaintiff Glubka, Director of Nursing at Cornerstone’s Lino Lakes facility, was wrongfully terminated from his position for repeatedly challenging, reporting, and highlighting illegal conduct by his employer — including Cornerstone’s refusal to report the troubling circumstances of a resident’s death.

This case is filed in Olmstead County, Minnesota, where Cornerstone Management, LLC is based. Mr. Glubka’s Complaint includes claims under the Minnesota Whistleblower Act and the Minnesota Vulnerable Adults Act, which prohibit retaliation against employees who report the types of concerns alleged in the Complaint.

Read the full Complaint.

Watch the FOX 9 coverage of this important story. 

About Halunen Law: Offering experienced representation to employees and whistleblowers nationwide, Halunen Law has achieved a reputation as a fearless, tenacious, and successful law firm focused on achieving justice and meaningful results for its clients. See halunenlaw.com.

 

MINNEAPOLIS, MN: Halunen Law is pleased to announce that attorney JoshuaNewville (Josh) Newville has joined the Firm to Lead its Employment Litigation Group. A tenacious litigator with more than a decade of experience, he frequently obtains favorable outcomes for those he represents. He is a skilled, thoughtful, and determined professional whose legal acumen and deep dedication to civil rights are a formidable force and an ideal fit to guide Halunen’s team of talented employment law attorneys.

Josh has handled high-profile cases, secured millions of dollars for his clients, and won victories at the Minnesota Supreme Court and the U.S. Court of Appeals. Early in his career, Josh led the successful fight for marriage equality in two U.S. States and won precedent-setting legal protections for vulnerable Minnesotans.

Active in the community, Josh is an adjunct law professor at the University of Minnesota, an ethics investigator, and a mediator for employment disputes. He received the Equality & Justice Award from the Minnesota Lavender Bar Association and has been recognized by Super Lawyers and the National Trial Lawyers Top 40 Under 40. In addition to his legal work, Josh is also known for producing a top-rated investigative podcast about missing persons.

Born and raised in rural Wisconsin, Josh earned his undergraduate and law degrees at the University of Minnesota. He is licensed in Minnesota and Wisconsin (state and federal courts), Colorado and North Dakota (federal courts), and the U.S. Court of Appeals – 8th and 9th Circuits.

About Halunen Law: With offices in Minneapolis and Chicago, Halunen Law offers experienced legal representation for employees, whistleblowers, and those who have experienced illegal actions in their workplace. Halunen Law has achieved a reputation as a fearless, tenacious, and successful plaintiffs’ law firm, focused squarely on achieving justice for its clients and creating workplace and societal change. For more information, visit halunenlaw.com.

Susan (1)Bloomberg Law News recently called upon Attorney Susan Coler’s extensive experience and deep understanding of the False Claims Act law to provide comments for its article, “Pandemic Fraud Fueled Record Year for False Claims Act Lawsuits.”

Coler stated, “The ‘frightening truth’ is that the No. 1 source of FCA settlements and judgments was fraud in the health-care industry,” adding, “This is “an area of our lives where certainty and trust are paramount, but fraud is ubiquitous.”

The article cites the U.S. Department of Justice’s recent report, which announced that the U.S. government and whistleblowers were party to 543 FCA settlements and judgments this past year—the highest number ever in a single year—and recovered $2.68 billion. The article highlights the recovery of $48.3 million from fraudulent Paycheck Protection Program (PPP) loans, which Coler shared “is just the tip of the iceberg—I anticipate this number will grow significantly in the coming years.”

Stressing the critical role whistleblowers and whistleblower protection laws play in FCA cases and the successful recovery of taxpayer funds, the article specifies whistleblower-initiated suits account for about 86% of the DOJ’s recovery, which Coler added “confirms that whistleblowers are a powerful force in fighting fraud and protecting taxpayer dollars.”

Halunen Law Wins $4.6 Million Verdict On Behalf of Client in Whistleblower Case

In a landmark whistleblower case in Minnesota, a highly regarded former radiologist attains justice following wrongful termination for bringing safety concerns to light

MINNEAPOLIS, MN (Jan. 23, 2024): A board-certified radiologist, senior shareholder, and employee of Consulting Radiologist Limited (CRL) was awarded $4.6 million in damages by a Hennepin County jury for being wrongfully terminated under Minnesota’s whistleblower protection
law. Halunen Law of Minneapolis, Minnesota, represented the plaintiff in this landmark trial. CRL contracts to provide services to Allina Health, including Abbott Northwestern, in the Twin Cities metro area.

After nearly 20 years with CRL as a board-certified radiologist, and senior shareholder, the plaintiff was deeply invested in CRL’s future success. As such, in good faith, he brought forth patient safety concerns to the company’s leadership. When the CRL board repeatedly failed to act, the plaintiff
warned that if the unsafe and unethical practices continued, he would have no choice but to report his concerns to Allina Health, the parent company of Abbott Northwestern Hospital. Days after affirming his commitment to share his concerns with Allina Health, he was subsequently terminated by the CRL Board of Directors. As a result of his termination, the plaintiff lost his radiologist position and his livelihood.

The two-week-long trial and deliberation resulted in a jury verdict, finding the plaintiff was terminated in violation of the Minnesota Whistleblower Act. The jury awarded him damages for past and future wage loss and emotional distress, totaling $4,587,602.

Attorney Pamela Johnson, one of Halunen Law’s senior trial attorneys representing the plaintiff, commented: “Today we sent a message. This jury understood the serious nature of Defendant CRL’s conduct and held it accountable in a big way. This is one of the largest whistleblower verdicts ever in Minnesota. It should be a warning to all Minnesota employers that if you retaliate against employees who stand up to expose safety concerns, you will be held accountable.”

About Halunen Law: With offices in Minneapolis and Chicago, Halunen Law offers experienced legal representation to employees and whistleblowers nationwide. Halunen Law has achieved a reputation as a fearless, tenacious, and successful plaintiffs’ law firm with a laser focus on achieving justice and
meaningful results for its clients. More information at  halunenlaw.com.

Read more about this case:

Minnesota Lawyer: “Whistleblower suit nets $4.6 million”

Radiology Business: “Radiologist to collect $4.6M jury verdict in whistleblower case against former practice”

AuntMinnie.com: “Radiologist awarded $4.6M damages in whistleblower lawsuit”

If you feel you’ve experienced illegal action in your workplace, we encourage you to submit a Case Review Form to our firm. One of our attorneys will review your information, and you’ll receive a response from our firm in a timely manner. There is no charge for this confidential process. And, if we take your case, as a contingency-based law firm, there is no cost unless we win.

We’re here to help you navigate your lawful rights and ensure you get the treatment you deserve. Together, we can hold employers accountable and create a fairer workplace for everyone.

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Atlantic Home Health Care settles fraud allegations related to kickback scheme and abuse of “telehealth” 

Washington, DC—January 6, 2024: Atlantic Home Health Care, LLC, (AHH), operating in Arizona and eight other states, agreed to pay $9.9 million to settle allegations the company deprived patients suffering from radiation exposure of needed in-home care and instead contacted patients by telephone. The lawsuit was filed under the whistleblower provisions of the False Claims Act by Phillips & Cohen LLP and Halunen Law PLLC in the U.S. District Court in the District of Arizona.

The lawsuit involved fraud related to the Energy Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA), which provides compensation and free medical treatment for radiation-related illnesses caused by testing of nuclear weapons during World War II and the Cold War. For many victims, the devastating impact of this exposure took decades to become symptomatic. 

In its complaint, the United States alleged that, between 2017 and 2021, AHH falsely billed the Energy Program for services provided by unqualified people and for in-home nursing and personal care supposedly provided by employees were not physically present in patients’ homes. The government also alleged that AHH paid kickbacks, in the form of cash payments up to $5,000 for patient referrals via its “friends and family program” and in-kind payments for food, internet, travel, and other expenses made to patients and their families. 

The investigation and resolution of this matter illustrate the government’s emphasis on combating healthcare fraud, the power of a courageous whistleblower, and one of the most formidable tools in this effort — the False Claims Act.

Halunen Law FCA attorney Susan Coler, a co-counsel on the case, stated, “We are gratified that this case resolves allegations that Home Health Care deprived an extremely vulnerable population of needed in-person home healthcare while receiving money from the government for services it did not provide. The False Claims Act did its work here of challenging alleged egregious misconduct that has the potential to harm both the patients involved and taxpayers, who intend their funds to be used for their intended purpose.”

Read the Department of Justice’s press release on this case. 

Read the press release from Phillips & Cohen

Learn more about the False Claims Act and Halunen Law’s expertise in these complex cases.

Kyle HahnHalunen Law is pleased to announce that attorney Kyle Hahn has joined the firm’s employment law practice group. Kyle brings a collaborative spirit, an acute understanding of the legal process, and a steadfast determination to hold others accountable for their illegal actions. He joins a team of Halunen Law attorneys dedicated to defending the rights of employees and whistleblowers. 

With a depth of knowledge and strategic acumen, Kyle has guided clients through complex legal matters to successful outcomes. His practice includes cases of discrimination, retaliation, and the gamut of employment matters, with considerable litigation experience in state and federal courts. Kyle offers clients a personal, professional approach coupled with a dogged determination to get them justice. 

After graduating magna cum laud from St. Cloud State University, Kyle pursued and received his law degree from the University of St. Thomas School of Law, where he was deeply engaged in school activities. He has admissions to the Minnesota State Court and U.S. District Court of Minnesota.   

About Halunen Law: With offices in Minneapolis and Chicago, Halunen Law offers experienced legal representation for employees, whistleblowers, and those who have experienced illegal actions in their workplace. Halunen Law has achieved a reputation as a fearless, tenacious, and successful plaintiffs’ law firm, focused squarely on achieving justice for its clients and creating workplace and societal change. For more information, visit halunenlaw.com.

 

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