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Wrongful termination? Texas

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  • Wrongful termination? Texas

    I was recently terminated without cause from a job I was with for four months. They were always very happy with my performance, there were never any disciplinary actions against me. As the accountant, I slowly discovered that my employer's finances were a complete mess from the employee I had replaced. The banking had never been reconciled, taxes were filed completely erroneously, and company income reported fraudulently to financial institutions. I spoke with both my employer and tax accountant to inform them that many years of taxes had been filed erroreously and the current financial infomation would need to be redone, taxes refiled, etc. The both of them did not want to do this and were then asking me to leave things "as is" meaning I ould be committing an illegal act of tax fraud by participating thusly.

    I also learned that my employer was practicing deceptive trade with many of the vendors we conducted business with. He was sub contracting out work to other entities that did not meet the Federal and State requirements/regulations that were mandatory these vendors. My employer also told off-color racial jokes, and explicit pronography was sent to me in emails. When I brought this to his attention, I was told the next day "it wasn't going to work out." I asked if I was being terminated and for what reason, to which my employer stated he did not have one. I was given no warning, no time to find another job, and no severence. Do I have cause for action?

  • #2
    I checked for Texas whistleblower protections, and all I can find is whistleblower protections for government employees, not private employees.

    But, when I did a search, there are a lot of Texas attorneys that say they represent whistleblowers in qui tam cases. A Qui Tam case is one in which a whistle-blowing employee files suit on behalf of the government, against a company who is defrauding the government, and the whistleblower can get a percentage of the final award.

    I'm not from Texas, so it's possible there is a law protecting private whistleblowers, and I just didn't look hard enough. Here in NJ there are protections form private whistleblowers from adverse employment actions. That falls under labor/employment up here. But, in a case like yours, pursuing a qui tam case might be better: you could get an award, and the company could really get into big trouble. A "regular" whistleblower protection case would fall under employment/labor law. But what you are talking about could be criminal actions on the part of your former employer.

    So, maybe contact some Texas attorneys that say they handle qui tam whistleblower cases (I just googled "Texas qui tam whistleblower law").

    If you start throwing in the racial jokes and the porn stuff, it will really just cloud the issue. You are talking about fraud and tax evasion, so unless you were personally discriminated against, don't include these things.

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    • #3
      Thank you for the ihelpful information. I believe it was more of a case that I did not want to participate in committing illegal acts (fraud) and was terminated for this reason. I have heard there is a law written against this, just have not been able to locate it.

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      • #4
        There is no qui tam available for tax evasion, so unless the company was otherwise defrauding the government...

        If the company had to make any SEC filings, you'd have protection under the Sarbannes-Oaxly Act.

        I would send a Form 3949-A over to the IRS and it's equiivlent over to Texas Revenue, because that's just the kind of guy I am.

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        • #5
          re whistleblower protection, Texas, itself, only has protections for public employees & health care employees.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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          • #6
            There was some defrauding the governments in the sense that they had to have federal and state regulations and comliances for products they supplied to various vendors such as(deleted), etc. This was violated when they sub-contracted the product out to other entities to manufacture that did not meet these requirements and regulations, and then sold the end product to these vendors that required it.
            Last edited by cbg; 01-19-2008, 08:28 PM.

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            • #7
              I would suggest you edit your post to remove any company names. Employers sometimes troll these boards and giving the type of information from which someone could infer the name of the company would not serve you well should you choose to file a civil suit.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                Patty is right, delete the names of companies from your post!

                I was recently terminated without cause from a job I was with for four months. They were always very happy with my performance, there were never any disciplinary actions against me. As the accountant, I slowly discovered that my employer's finances were a complete mess from the employee I had replaced. The banking had never been reconciled, taxes were filed completely erroneously, and company income reported fraudulently to financial institutions. I spoke with both my employer and tax accountant to inform them that many years of taxes had been filed erroreously and the current financial infomation would need to be redone, taxes refiled, etc. The both of them did not want to do this and were then asking me to leave things "as is" meaning I ould be committing an illegal act of tax fraud by participating thusly.

                I also learned that my employer was practicing deceptive trade with many of the vendors we conducted business with. He was sub contracting out work to other entities that did not meet the Federal and State requirements/regulations that were mandatory these vendors. My employer also told off-color racial jokes, and explicit pronography was sent to me in emails. When I brought this to his attention, I was told the next day "it wasn't going to work out." I asked if I was being terminated and for what reason, to which my employer stated he did not have one. I was given no warning, no time to find another job, and no severence. Do I have cause for action?
                Your post troubles me a little because you don't really indicate that you had any intention of refusing to follow the instructions of the employer and accountant to leave things "as is," or to report the irregular activities involving the vendors, or of quitting the job. So even if Texas did have private "whistleblower" protection, I don't think you would be eligible.

                However, you probably have a reasonably viable claim that you were fired for filing a complaint of sexual harassment. I suggest you have a consult with an experienced eployment law attorney. What part of Texas are you in?

                Comment

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