The Pros And Cons Of Whistleblowing

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In the recent past, there have been several employees who have brought to light corrupt and unethical business practices on the part of their employer. Whistleblowers are known as internal and external individuals who disclose their firms’ illegal behavior. When faced with such an accusation, some companies have tried retaliating against the informer (Beatty 743). As a result of these cases, there are numerous laws that exist that protect employees from retaliation. Within this paper, the most significant whistleblowing protection statutes and acts will be discussed, as well as, important cases, and the ethics behind whistleblowing. Generally, the types of workplace retaliation that are enforced to protect against the treatment of whistleblowers …show more content…

v. United States Ex Rel. Escobar controversial case, respondents alleged that Universal Health had defrauded the Medicaid program, violating the False Claims Act (See 31 U.S.C. §3729 et seq.). United Health did this after requesting a reimbursement claim for services provided (Universal Health Services, Inc. v. United States Ex Rel. Escobar, 2016). They claimed that they provided specific services by a particular types of professionals, but they failed to disclose violations of regulations pertaining to the qualifications and licenses of staff members (Universal Health Services, Inc. v. United States Ex Rel. Escobar, 2016). Respondents filed a Qui Tam suit, after a teenage beneficiary at a Massachusetts’ Medicaid program had died from a seizure (Universal Health Services, Inc. v. United States Ex Rel. Escobar, 2016). The young girl had been diagnosed, by an unlicensed staff member, with bipolar disorder thus triggering her death by the adverse effects from the medicine she was prescribed. The respondents wanted Universal Health liable under the Implied False Certification Theory of Liability (Universal Health Services, Inc. v. United States Ex Rel. Escobar, 2016). This IFC theory is a legal doctrine, that treats payment requests as an implied certification that the claimant was within compliance of regulations, material contract conditions, and relevant statutes. The doctrine ultimately treats failure to disclose a violation as …show more content…

City of New York, Harman spoke out on national television "the workers who are considered the best workers are the ones who seem to be able to move cases out quickly"; and (2) "there are lots of fatalities the press doesn't know anything about."(Harman v. City of New York, 1996). These statements were in regards to the city’s welfare agency not adequately protecting children from egregious abuse. The city suspended her without pay for thirty days so she sued. The court ultimately ruled that the government holds the right to prohibit some employee speech unless it is a matter of public concern (Beatty

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