Two former employees of Lockheed have filed an employee retaliation lawsuit claiming that they were fired because they revealed fraudulent billing activity under a NASA contract.
Mark Javery and Brian DeJan, former employees of Lockheed Martin, have added an employee retaliation lawsuit to their allegations against the government contractor. Javery is already fighting against Lockheed in a different suit regarding racial discrimination.
Javery was a Lockheed infrastructure operations manager, and DeJan was a project engineer for a Lockheed subcontractor, Camgian Microsystems.
The two men claim they were fired from their positions in May 2014. A month previous to their termination, they reported what they claim was a budget shifting scheme at the Stennis Space Center.
According to this employee retaliation lawsuit, “In April 2014, the plaintiffs began investigating the cause of what they considered to be serious and unexplained cost overruns, safety and performance issues with the maintenance of the test facilities.”
“During the investigation, they received credible information that maintenance charges related to NASA’s agreement with [Space Exploration Technologies Corp.] (hereinafter referred to as ‘Space X’) were being charged to the test operations contract,” the employee retaliation lawsuit reads.
Allegedly, Javery and DeJan told both their supervisor and a NASA employee that they had concerns that the maintenance charges for the Space X-NASA contract were not being charged to that contract but to another one.
Lockheed was the primary contractor on a test operations contract that was receiving the allegedly inappropriate charges. Javery and DeJan claim they were protected under the False Claims Act when they investigated and reported that inappropriate budget shift.
Employee Retaliation Lawsuit Under the False Claims Act
The False Claims Act protects “whistleblowers,” or those who report fraud against the United States government, from retaliation from their employers and offers monetary relief as well. This relief may include compensation for damages, court costs and attorneys’ fees.
The employee may also be entitled to reinstatement of employment if their job has been terminated plus two times the amount of back pay they’ve missed.
In this employee retaliation lawsuit, both employees were suspended after their report of inappropriate charges and then were subsequently terminated in the next month. According to the employee retaliation lawsuit, the men had each received positive reviews leading up to their suspensions and terminations.
However, the stated reasons for Javery’s termination were “concerns pertaining to the customer reporting process.” The reasoning for DeJan’s firing was a reported “customer complaint.”
The two whistleblowers’ original racial discrimination lawsuit claims that both employees were fired because they are black as well as acting as whistleblowers in this case.
This Employee Retaliation Lawsuit is Javery et al. v. Lockheed Martin Corp., Case No. 2:17-cv-05106, in the U.S. District Court for the Eastern District of Louisiana.
In general, whistleblower and qui tam lawsuits are filed individually by each plaintiff and are not class actions. Whistleblowers can only join this investigation if they are reporting fraud against the government, meaning that the government must be the victim, and that the alleged fraud should be a substantial loss of money.
Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual qui tam lawsuit or whistleblower class action lawsuit is best for you. Hurry — statutes of limitations may apply.
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