On November 13, 2023, in USA ex rel, Morgan-Lee, et al. v. The Whittier Health Network, LLC, et al., a Massachusetts federal district judge concluded that although the plaintiff engaged in protected activity when she raised suspicions about billing fraud under the False Claims Act, her termination was not retaliatory where she engaged in erratic, confrontational, and insubordinate communication exchanges with superiors and colleagues. Morgan-Lee is a positive development for employers because it reinforces that engaging in protected activity does not shield an employee ...
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