Legal Question in Employment Law in New York

Making Copies Of Evidence

Three of my co-workers and I have been made a party to illegal medical billing practices and know that we will be terminated for expressing concern over the documents we were ordered to alter. It's happened to others who worked here before. Is it legal to make and take home copies of the original and altered files? Would they be admissable as evidence in a wrongeful termination class action suit and as proof to the agency who is being fraudulantly billed? Thank you.


Asked on 3/30/05, 12:51 pm

2 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Making Copies Of Evidence

If you know you're going to be fired anyway, why not beat them to the punch and become a whistleblower. You can contact your local prosecutor and launch a criminal complaint. If it's newsworthy you may want to consider telling a journalist about the irregularities.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 3/30/05, 4:05 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Making Copies Of Evidence

If you are fired for complaining to your employer about illegal billing practices,

you may not have as clear cut a case of retaliation as you think. Many of the whistle blower laws require that you actually file a report or particpate in investigation or testimony, and only then are fired for it.

But if they are forcing you to break the law, and you know you are going to be fired, it can't hurt to copy the documents, "before and after " the alterations.

If I knew what exactly was involved I might recommend the most direct approach, which would be to report the illegal activity to the agency before you are fired, and let your employer know you are doing so once you have established a dialog with them. The element of knowledge on your employer's part, is essential to a retaliatory termination case.

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Answered on 3/30/05, 8:48 pm


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