Norman Regional Health System Settles Medicare Whistleblowing Case Totaling $1.6 Million

Our Los Angeles and Orange County False Claims Act (“FCA”) attorneys reported another remarkable settlement in the health care industry.  This time it was Norman Regional Health System and the settlement was just announced with the U.S. Attorneys’ Office in a false billing of radiology services case. In this ...

Home Health Service Providers in Oakland and Palm Springs Settle Multi-Million Dollar Whistleblower Action for Falsifying Med-Cal Billing

Our Sacramento and San Francisco based employment law attorneys reported that last week a multi-million dollar settlement in a False Claims Act (“FCA”) whistleblower case.  The allegations in the whistleblower (or relator) complaint alleged that home based service providers Alternative Learning Center of Oakland a...

UnitedHealth Wellmed Overlooks Provider Overcoding and Overpayments Leading to False Claims Act Allegations

Our Los Angeles and Orange County based False Claims Act (“FCA”) attorneys report that the Department of Justice recently joined a whistleblower lawsuit against the UnitedHealth Group and Wellmed.  The main allegations claim that UnitedHealth Group, the country’s largest healthy insurer and Wellmed Medical Manag...

40th Year Helping California Employees as Your Employment Lawyer

As we at Los Angeles Employment Attorney look forward to our 40th year of helping employees throughout California turn employer wrongs into employee rights, we'd like to share in this blog one of our greatest frustrations, employees who quit without trying to solve their work-related issues first. These concerns run ac...

Healthcare Whistleblower Litigation Case against Physician Medical Group Settles for $124,000

The case involves a whistleblower who received $124,000 for reporting health care fraud by three physicians and a health care facility under the False Claims Act (“FCA”). The amount received by the whistleblower was approximately 20% of the total settlement paid to the federal government which amounted to $700,000....

California Employer Size Matters!

As California's leading employment law firm, we get hundreds of calls a month from potential clients who work for the largest employers down to "mom and pop" entities. As Los Angeles employment attorneys we advise potential clients that the size of their employer (usually "former employer" by the time we get the call) ...

Wrongful Termination of Los Angeles Attorney Working as In House Counsel

Unusual legal issues arise when an attorney is wrongfully fired by a corporate employer. As Los Angeles wrongful termination employment attorneys, we have seen numerous cases of the conflict that can arise between a corporation who wants the right to terminate an attorney “at will” and the right of the attorney to file suit him or herself if the termination is wrongful. The seminal decision in California on this issue is General Dynamics Corporation vs. Superior Court. Here, an in house attorney was terminated and the court allowed the lawsuit to go forward, noting that “it is unlikely that the (corporation’s) undoubted power to discharge the attorney at will is one that can be invoked under all circumstances without consequence.” (7 Cal 4th at 1175). While noting that an attorney fired from his in-house job may sue, reinstatement is not an available remedy.

The court distinguished an earlier and famous case, Fracasse ve Brent, which allowed a client to fire an attorney without consequence. This was a traditional non-employer, attorney-client relationship However, the General Dynamics court saw the distinction between in hours attorneys virtually dependent on the good will and confidence of a single employer to provide livelihood and carer success and an outside attorney in private practice with multiple clients.

Whistle blower attorneys in Los Angeles should be able to pursue a claim of retaliatory discharge. The rub comes when the ethical obligation of the attorney to protect his client’s secrets at all costs comes into play. The court found that where the elements of a wrongful discharge in violation of public policy can’t be established without breached the attorney-client privilege, then the suit must be dismissed in the interest of preserving the attorney client privilege. (at 1182).

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As always, consider our blogs educational in nature only. Legal advise can only be given after full evaluation of the facts of your case.