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Whistleblower Law

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Whistleblower Law

You too, Us too: The Strength in Numbers

Written By Christopher B. Dolan and Vanessa C. Deniston

This week’s question comes from Fatima in the Bay Area:

I am a woman of color working at a big tech company in the Bay Area. I have been stuck in the same position for nearly seven years, while several of my white, male co-workers and even subordinates have been given opportunities for advancement. I’m worried my supervisor doesn’t consider me a serious candidate for a promotion, despite my excellent performance reviews. When there is a menial task to get done, it always seems to be assigned to me. At company events, my supervisor introduces me by first name only to corporate representatives, though he introduces the male members of my team using their full names. In meetings, I am frequently interrupted by male team members when I am trying to share feedback or ideas. I am hesitant to approach HR about this. I feel I will be told I have no proof and I am just imagining things. I’ve heard rumors that women in other departments have had similar experiences, but I’m not sure who they are and I’m too worried about my job security to go asking questions. Do I have any options here? 

Thank you for your question, Fatima. Let me assure you that you are not alone in your experiences. What you have described, a mixture gender and potentially race-based discrimination and microaggressions, is being experienced on a grand scale throughout the tech industry by women. Men continue to outnumber women at every level and women are promoted at a lower rate than men, making up only about 38% of managers. While many companies couch themselves as “progressive” and profess to have inclusive diversity platforms, the disparities in the workplace between men and women and, disproportionately, women of color, persist.  

Most recently, a group of both current and former Apple employees dissatisfied with the internal responses to their complaints of harassment, discrimination and retaliation have banded together and called for a collective exchange of stories and experiences in the workplace, spurring the #AppleToo hashtag on social media. The group’s website urges its coworkers at every level to collectively call for systemic change in the workplace, stating that,

“when our stories are collected and presented together, they help expose persistent patterns of racism, sexism, inequity, discrimination, intimidation, suppression, coercion, abuse, unfair punishment, and unchecked privilege.” 

In circumstances such as yours, Fatima, there are several actions you can take to both protect yourself and connect with other women and/or persons of color with similar experiences. First, it is essential to document any incidences or circumstances you feel could be related to gender or race discrimination, including discussions with your boss regarding your interest in advancement opportunities and his response, instances of microaggressions and/or evidence of disparate treatment in the workplace. If possible, your written record should be created contemporaneously with the incidences they document and be marked with a date and time stamp. Contemporaneous records, especially those bearing a date and time stamp, are afforded more credibility than ones created after the employee suffers a termination or a disciplinary meeting. Your description should include the date, time, setting, potential witnesses involved and what was said. Be a meticulous historian and leave emotion out of it, if possible. Always assume an outsider, with no knowledge of you, your character, or your performance record, may someday be reading and evaluating your account of what occurred. While you can certainly share how the experience made you feel, resist the urge to vent. 

The second step you can take is keeping your eye out for allies and sharing your experiences with them in a safe environment outside the workplace. It may feel intimidating to ask other women or persons of color if they, too, feel discriminated against or marginalized in the workplace. Therefore, it is often easier to share your own experiences with them first. If they have faced something similar, they are more likely to feel comfortable volunteering it on their own terms than they would if you questioned them about it directly. If they do end up sharing similar experiences, approaching human resources together can be a powerful approach. It is easier to dismiss one employee’s experience as an outlier, than it is to dismiss two or three similar ones, especially where the reporting structure is shared. 

Nonetheless, if you find you are your only reliable witness, go to HR and report your concerns, preferably in writing. Do not operate under the assumption your concerns will be dismissed. Even if they are, it is unlawful for your company to retaliate against you for voicing your complaints about suspected gender and/or race discrimination. Your company has a vested interest in responding to discrimination claims appropriately, as a failure to investigate, only increases their liability. As always, documenting all communications you have with your supervisor and HR is an important tool to keep track of what has occurred and protect yourself should retaliation occur after filing an informal or formal complaint.

If you feel you are being harassed, discriminated against, or retaliated against because of your race or gender, contact an attorney that specializes in employment law. Making real, transformative change in the struggle against institutionalized implicit bias and overt bias, takes courage and numbers. The good news is the tech industry does not lack either.

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Largest California Employment Lawsuit Verdict In 2016 Achieved By Chris Dolan & Anne Costin

We are pleased to report that the verdict in Williams v. Wyndham Vacation Ownership ranks as the top verdict by VerdictSearch for an individual employment action in California in 2016. The case also ranks as the fourth largest verdict in any employment case (class action or individual suit) in the U.S. in 2016. 

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Chris Dolan And Anne Costin Named San Francisco Trial Lawyers Of The Year

San Francisco Trial Years Association 2017 Trial Lawyer of the Year

We are pleased to announce that the San Francisco Trial Lawyers Association have recognized Chris Dolan and Anne Costin as Trial Lawyers of the Year.

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Wrongful Termination For Whistleblowing On Medicare Fraud

whistleblower and employment law

A reader who wishes to remain anonymous writes, “Chris, I worked in the accounting department of a health care provider.  Last year, my company discovered it had been using the wrong billing code for a key service when submitting Medicare reimbursement requests.  This resulted in the government paying substantially more for the service than it should have.  My supervisor directed me to compile a list of the overcharges for senior management.  The company remedied the error for new reimbursement requests but never informed the government of the overpayments.

Two weeks ago, I sent an email to my supervisor asking why the company had not reported the billing error.  I was told the matter had been resolved and not to raise the issue again.  I would know if the company reimbursed Medicare for the overcharges.  No payment was made.  Last week, I was laid off without notice.  I believe it was because I complained about the Medicare overcharges.  I did not have a contract and they refused to give me any severance pay.  What can I do?”

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Daily Journal Selects Williams Case As A Top Plaintiffs’ Verdict

Leading California wrongful termination and whistleblower lawyers based in the San Francisco Bay Area.

California’s leading legal newspaper, the Daily Journal, has recognized the outstanding success of attorneys Chris Dolan and Anne Costin in Williams v. Wyndham Vacation Ownership as one of the Top Plaintiffs’ Verdicts in California for 2016.  

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Whistleblower Law: What To Do If Your Company Is Committing Fraud

reading word whistle blower screen magnifying glass 3d illustration

I received the following communication from an individual who wishes to keep his identity confidential:

“Chris, I’m a salesperson at a major corporation that puts tremendous pressure on us to meet monthly quotas.  While not explicitly stated, the clear message we receive from management is do whatever it takes to meet your quota or you will be fired. I’ve observed other sales representatives repeatedly lie to customers to close deals. Their supervisors do nothing when customers complain.  I want to quit my job but I also can’t stand what the company is doing to its customers.  I read about the verdict you obtained for a person in a similar situation.  What should I do?”

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Wyndham Whistleblower Lawsuit Receives National Press Coverage

A San Francisco jury awarded $20 million to Trish Williams, a former Wyndham timeshare sales representative, who was wrongfully terminated for reporting time share fraud on the elderly
Plaintiff Trish Williams (in center) with her attorneys Chris Dolan and Anne Costin after jury issued verdict in the Wyndham whistleblower lawsuit.

On November 25, 2016, columnist Gretchen Morgenson of the New York Times profiled Patricia Williams who was wrongfully terminated after she blew the whistle on fraud at former employer, Wyndham Vacation Ownership, the nation’s largest timeshare company. A San Francisco Superior Court jury the week earlier awarded Williams $20 million for her lost earnings and emotional distress, and punitive damages.

During her tenure at Wyndham, Williams told her superiors about an array of dubious activities with a focus on defrauding elderly customers. Salespersons falsely told customers that Wyndham would buy back their ownership stakes if they no longer wanted them. Credit card accounts were opened for buyers and charged without their knowledge and approval.

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$20 Million Verdict For Wrongfully Terminated Whistleblower

A San Francisco jury awarded $20 million to Trish Williams, a former Wyndham timeshare sales representative, who was wrongfully terminated for reporting time share fraud on the elderly
Plaintiff Trish Williams (in center) with her attorneys Chris Dolan and Anne Costin after jury issued verdict.

$20 Million Verdict For Whistleblower Who Exposed Financial Fraud of Elderly By Wyndham Vacation Ownership – World’s Largest Timeshare Company

A San Francisco jury awarded $20 million to Trish Williams, a former Wyndham timeshare sales representative, who was wrongfully terminated for reporting time share fraud on the elderly (San Francisco Superior Court Case No. CGC-12-526187). The verdict, read late on Thursday, November 17, 2016, followed a one-month trial in which Williams was represented by Chris Dolan of The Dolan Law Firm and Anne Costin of Costin Law Inc.   

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Tech Employees as Whistleblowers: False Claims Act Summary

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Amit writes:  “Chris, I work for a tech firm that sells products to a federal agency under a contract requiring a 5 to 20% discount, depending on the product sold, off of the price the company charges private businesses for the same products. My company discounts its list prices if that is what it takes to make the sale to other businesses.  This happens all the time. But the discount we give the government is based on solely on our list prices.  This bothers me.  What can I do about this?”

Amit, you are not alone.  Over the past few years, many employees in the tech industry nationwide have stepped forward as whistleblowers because their companies defrauded federal agencies.  Promising a federal agency a price discount compared to what private businesses are charged and then not providing the discount when charging for the item violates the False Claims Act.

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Employer Can’t Retaliate Against a Whistle-Blower

This week’s question comes from Tina Y.:Q: “I work for a business that delivers propane. I know that one of the drivers was drinking while driving. He is the nephew of the boss. I am in charge of safety compliance and I was told by the boss that I should ‘overlook’ this incident and not report the driver. I feel that I need to report this, but I am afraid I will fired. What are my rights?”
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