He reported his employer, got fired, and neither state's whistleblower law could protect him
A federal appeals court has ruled that a remote employee who reported alleged anti-kickback violations fell outside the reach of two states' whistleblower laws.
The decision, handed down on March 26, 2026, by the Eighth Circuit Court of Appeals, dealt a blow to Krishnan Ghosh, a Hawaii-based sales manager who claimed he was fired by a subsidiary of Abbott Laboratories after flagging what he believed were violations of the federal Anti-Kickback Statute. The ruling carries real implications for HR teams managing employees across state lines – particularly when it comes to whistleblower protections and the fine print in employment agreements.
Ghosh entered into a National Employment Agreement with Cardiovascular Systems, Inc., a medical device company headquartered in St. Paul, Minnesota, in early February 2023. He was hired as District Sales Manager for Hawaii but was first required to complete a mandatory certification and training program before performing clinical and commercial services in his territory. Over the following months, he traveled to Minnesota twice, spending a combined 12 days in the state visiting hospitals, interacting with physicians, and performing case observations. From Hawaii, he participated in remote meetings with CSI's Minnesota-based staff. In April 2023, Abbott Laboratories, Inc. acquired CSI, which became a wholly-owned subsidiary.
According to court...
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