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.
On October 1, 2018, Plaintiff’s co-worker lodged a harassment complaint, alleging that Plaintiff called her “Miss Piggy” and “oinked” at her. Human Resources then conducted an investigation, during which an eyewitness corroborated the complainant’s story. The HR investigator also spoke with one of the managers who allegedly told Plaintiff to drop the fraud issue. The manager stated that although he normally would have questioned the harassment allegations, he believed the allegations were true because he had heard Plaintiff make “coughing” and “snorting” noises earlier that day. HR then terminated Plaintiff’s employment.
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