Third Circuit: Whistleblowers Are Not Shielded From Discipline For Misconduct

On August 26, 2022, the Third Circuit affirmed a grant of summary judgment in favor of an employer, holding that whistleblower retaliation protections in the False Claims Act did not protect an employee from being discharged for harassing a co-worker. Crosbie v. Highmark Inc., et al., No. 21-1641.

Background

Plaintiff was a fraud investigator for a health insurance company. In 2017, he reported to his managers his discovery that some doctors in the company's network had been convicted for selling opioid prescriptions, and that other doctors lacked required Medicaid licenses. The managers investigated the concerns but decided not to take any action and told him to drop it, even after Plaintiff repeatedly pressed the issue.