How can I protect myself from my boss committing fraud?

My boss is making me bill for tests the doctor has not ordered. When I pointed out to him that the doctor did not order the tests and I could not bill them, he told me to get the order and he himself would place the order on the order form. He will fire me if I don’t do as he says and I will loose my home if I do not work. How can I protect myself?

Asked on August 24, 2011 Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are helping someone commit a crime--like insurance fraud, for example--the fact that you could be fired if you did not is NO defense; you could face both civil liabilty (be sued) and criminal liability for doing this. The only ways to protect yourself are to 1) not to do this and let yourself be fired; 2) quit; or 3) report the actions to either the insurer and/or the police (or at least to senior management, if there  is someone more senior than your boss, so they can--hopefully--stop him).

Obviously, the potential consequences are serious for you no matter what you can do. You should consult with an attorney about the specifics of your situation to decide what is best to do. Note that there may be some compensation or reward for reporting fraud, such as from the insurer or government being falsely billed, and that is something your attorney can look into.


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