Fort Worth Whistleblower Claims Attorney

A Legal Advocate for Whistleblowers in Texas

There are various types of "whistleblower" claims under Texas, New Mexico, and federal law. Most whistleblower causes of action are for government, rather than private, employees. As a word of caution, you should know that government employees are obligated to follow their employer's internal grievance procedures before bringing a whistleblower claim. Those grievance processes frequently provide an extremely short timeline for filing a grievance – as little as 15 days from the date of the incident.

Hutchison & Foreman, PLLC supports those who report dangerous or illegal conduct in their workplace. We can help you by protecting your rights, guarding you against retaliation, and asserting the legal protections you are duly owed. When you are put in the position to become a whistleblower, you deserve the full backing of a skilled legal advocate.

Whistleblower Protections for Certain Professionals

Depending on your line of work, you may be guarded by a more specific state or federal statute, or a professional regulatory body may offer you certain protections. If this is the case for your profession, we will meticulously research all applicable laws and rules that could be potentially used to help you.

For example, the Texas Nursing Practice Act, Occ. Code Section 301.352 and Section 301.4025, and Health & Safety Code Section 257.003 offer enumerated protections to healthcare workers. Chapter 161 of the Texas Health and Safety Code makes it unlawful to retaliate (such as by termination) against someone for reporting a violation of the law. It covers all employees of hospitals, mental health facilities, and treatment facilities, not just nurses.

Whistleblower Protection Under the Sarbanes-Oxley (SOX) Act

The Sarbanes-Oxley (SOX) Act is a federal law that protects some whistleblowers from retaliation. Employees of a publicly traded company who have experienced retaliation for reporting actions that violate federal laws related to fraud against shareholders are protected under this law. A publicly traded company is one that issues securities registered under the Securities Exchange Act of 1934 Section 12 or is required to file reports under Section 15(d).

A person filing under SOX must prove that they engaged in a protected activity, that their employer knew about them engaging in the protected activity, that they were subjected to an adverse employment action (such as termination), and that the protected activity contributed to the adverse employment action.

"Protected activities" include reporting or assisting with an investigation into securities fraud, wire fraud, mail fraud, or bank fraud or provisions of federal law related to defrauding shareholders. Essentially, if a decision-maker at your company who knows you blew the whistle harmed your employment because of your protected activities, you likely have a SOX claim.

Any individual who believes that they were fired or subjected to an adverse action from their employer in violation of SOX can file a complaint with the U.S. Secretary of Labor. If the Secretary of Labor does not issue a final decision within 180 days of the date the complaint was filed, a lawsuit can be filed in district court.

Let a Fort Worth Whistleblower Claims Attorney Act Quickly on Your Behalf

Doing the right thing can be confusing and emotionally exhausting. It takes courage to step out of the status quo and report your employer's violations of the law. When you have discovered that your employer has violated the law, it is important to follow any required internal grievance procedures, but you can also call Hutchison & Foreman, PLLC at 817-336-5533 for a free consultation to discuss your legal options. Our experienced legal team will help you with bringing your whistleblower claim. You may also send an email to our firm through our secure website to initiate a consultation. Our firm has office locations in Fort Worth and Lubbock, and we represent clients in Texas, New Mexico, and Oklahoma.