Texas Supreme Court Rules on Whistleblower Matter

Dallas, United States, 04/02/2013 / SubmitMyPR /

The Texas Supreme Court recently ruled on a whistleblower matter. Univ. of Tex. S.W. Med. Center v. Gentilello, No. 10-0582, __ S.W.3d __ (Tex. Feb. 22, 2013), available at http://www.supreme.courts.state.tx.us/historical/2013/feb/100582.pdf. The Texas Whistleblower Act bars retaliation against a public employee who reports his employer’s or his co-worker’s violations of law to an appropriate law enforcement authority.

A professor of surgery raised concerns with his supervisor that some doctors-in-training were treating and operating on patients without adequate supervision, contrary to Medicare and Medicaid requirements. After he was demoted, he filed a whistleblower suit alleging that the demotion was in retaliation for his report.

For an entity to constitute an appropriate law enforcement authority under the statute, it must have the power to regulate under or enforce the laws purportedly violated or to investigate or prosecute suspected criminal wrongdoing. The authority to regulate business within the entity itself is insufficient to confer law enforcement authority status. Otherwise, the Court held, every entity authorized to regulate conduct within its own organization would be considered a law enforcement authority. Because the professor reported his concerns internally only, he did not report them to an appropriate law enforcement authority and thus, he did not overcome the employer’s immunity. The Court dismissed the case for lack of jurisdiction.

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