Page 100 - An Indispensible Resource for Being a Credible Activist

work, this is a serious sign that either your leadership doesn’t want to know they’re mak-
ing errors or that they have a problem with you pointing errors out. When your conscien-
tiousness and observations are unwelcome, it is an indication of a toxic workplace that does
not value integrity or the credible activist.
There are several ways to respond to such a workplace. You may decide you don’t have
room in your life for stress right now and so may choose to remain in that position and keep
your mouth shut about any errors you observe, as it has been made very clear to you that
you are not welcome to point these out. What you will have to do in order to protect your-
self, however, is document that you were told not to give input or correct errors and ideally
have this in writing from someone who has authority over you. This will prevent anyone
from blaming you for any problems related to wrongdoing that may emerge in the future.
However, this is not in actuality a stress-free option, as looking the other way and simply
“following orders” may still bother any person of principle and conscience.
Another option is to find another job. If you feel this is the best option for you, you still
have a decision to make. Will you move on quietly and not burn any bridges? Or will the
reason you felt compelled to move on bother you enough to report any wrongdoing, uneth-
ical behavior, or possible fraud to the authorities or relevant governmental agencies so that
the company learns a lesson and the wrongdoing is stopped? Do bear in mind that in FCA
cases, former employees are often subpoenaed to testify, even long after they have left the
company. So even if you choose not to report the company or take any action concerning
their poor decisions, you will want to keep the proof of your innocence in any fraudulent
activity or other wrongdoing in a very safe place forever, just in case you need it if you are
called to testify in a future trial.
Another option is to remain in your job and also address the wrongdoing or possible
fraud. If you choose this option, be prepared for a possible roller coaster of events.
Depending on your current standing in the company, how well liked and well respected you
are (or not), and how you raise the issue, any number of things may happen. There may be
the preemptive retaliatory response, you may be fired, you may be told there is nothing to
be concerned about, you may be given the courtesy of an honest discussion of your concerns
as well as the paperwork in question, and you may be thanked for pointing out the error and
see the error changed. Quite a spectrum of possibilities! You must be prepared for any of
these if you choose to remain there and also come forward. This is not an easy thing to do.
It makes perfect sense to feel afraid, mistrustful, and concerned. You will want to make
sure you have a backup plan, should you lose your job over this. In at-will states, an
employee can be fired for any reason or for no reason as long as that reason is not a viola-
tion of law. Check Chapter 4 for information about at-will states to see if your state protects
you for coming forward with knowledge of public policy violations. If you are in fact fired
because they become angry you raised these issues, that is retaliation in many but not all
states, and it would be an unlawful firing. Also, check to see if your city or state has an FCA
law or if your action is covered under federal FCA laws; then speak to an FCA attorney to
clarify which laws supersede which and to what extent you are theoretically protected.
Depending on the situation, it can sometimes be difficult in proving that a termination was
retaliatory. This is why it is so important for you to be able to accurately read the climate and
your standing with those who might make such a decision before you decide how to respond.

CHAPTER 6 • Legal Issues Concerning Public S afety and F raud 83