I work for a hospital in a administrative role. I have whitnessed and documented inopropriate awarding of contracts to the highest bidder for no other reason then this ame awarded company takes the same people that terminated out charter fishing etc. regulary. I had voiced my opposition to this practice on many occasions and have refused to partispate in these "trips". Recently these same two people became the two that I report directly. Yesterday I was laid off they said because of economic reasons. We are a hospital that uses medicade and medicare funding.
I am very sorry to hear about your layoff. In certain instances employees may recover for wrongful termination of their employment based on retaliation against the employee that violates public policy. For example, an employee who reports public health violations in a hospital setting to a government agency could validly claim wrongful termination if that employee were fired shortly after reporting that violation to authorities. Your situation is slightly different but is nonetheless worth pursuing further. What I would want to know is the following: (a) Was the manner in which the hospital awarded contracts violative of the hospital's internal policies?; (b) how did you bring these irregularities to the attention of these two people (e.g. verbally, by e-mail); (c) Was there a state of federal mandate that the hospital award contracts in a manner other than how they awarded them?; (d) how much time elapsed between the time these two people assumed their new positions as your supervisor(s), and the time you were laid off; and (e) what was the configuration of the layoff...by seniority, department, job type, etc.
Please feel free to contact me if you wish to discuss the matter further.
You may have a claim for retaliation under the Sarbanes-Oxley Act. After speaking with an attorney, you should contact the U.S. Occupational Safety and Health Administration (www.osha.gov) since they were assigned the task of handling these whistleblower claims.
Jay M. Wolman
Jay M. Wolman, Esq.
D'Angelo & Hashem, LLC
6 Beacon St., Suite 505
Boston, MA 02108
(617) 624-9777 (ph)
(617) 624-0999 (fax)
Admitted to practice in MA, NY & DC
The information presented in this response is not intended to form an attorney-client relationship nor is the colloquy protected by an attorney-client privilege or work-product rule. The answer provided is based solely on the minimal facts presented in the inquiry and represents only a preliminary and hypothetical response and analysis. It is not to be considered as legal advice and is for information purposes only. If you wish specific legal advice and recommendations about your particular situation, contact an attorney to schedule a consultation. This is not intended to constitute legal advertising or solicitation, but rather to educate.