The OceanGate tragedy and the Urgent Need for Robust Whistleblower Protections in Texas

Whistleblowing, an act of exposing wrongdoing, malpractice, or negligence within a company, can be a challenging decision for any employee. A classic example of the personal risks involved in this decision is the case of David Lochridge and OceanGate Inc. As a Texas employment lawyer, understanding and advocating for better protections for whistleblowers is a significant part of my mission.

The Case of David Lochridge and OceanGate Inc.

David Lochridge, an engineer at OceanGate — the now infamous firm known for building deep-sea submersible vessels — voiced concerns about the ill-fated submersible’s integrity. However, his alerts were disregarded and he was dismissed because he expressed his concerns. With some reports saying he was given ten minutes to pack up his office after raising safety concerns. This ultimately led to a lawsuit filed in Washington State. Of course we now know the vessel Lochridge had identified as a safety risk imploded tragically, killing five occupants earlier this week.

Whistleblower Protections in Texas

Whistleblowers like David Lochridge are crucial in maintaining workplace safety, ensuring regulatory compliance, and fostering ethical conduct. Regrettably, in Texas, the protections for whistleblowers are limited. The Texas Whistleblower Act prohibits retaliation against public sector employees who report a violation of law. But, it does not extend to private sector employees. This means most employees working for non-governmental employers have very little protecting them when engaging in whistleblowing in the workplace

While The Occupational Safety and Health Administration (OSHA) provides some federal-level protections for whistleblowers in certain industries, these are not universally applicable. This often leaves private sector employees in a precarious position when they expose wrongdoing or safety concerns.

Further, in the wake of Enron, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 enacting the U.S. Securities and Exchange Commission (SEC) Whistleblower Program offers significant protections and incentives to whistleblowers who report possible violations of federal securities laws. Usually, these are employees who work at financial institutions such as banks.

Another type of whistleblowing involves individuals who witness their employers defrauding the federal government out of money. Typical cases include healthcare workers who witness Medicare or Medicaid fraud in the workplace. These employees usually retain an employment lawyer to file suit under the Federal False Claims Act (FFCA), also known as a Qui Tam suit. If the case is successful, the relator may receive a share of the recovered funds, usually between 15% and 30%. The Federal False Claims Act also provides protection to whistleblowers from retaliation by their employers.

Strengthening Whistleblower Protections in Texas

The unfortunate incident at OceanGate underscores the importance of strengthening protections for whistleblowers, especially in high-risk industries. Whistleblowers should be able to raise concerns without fear of retaliation. The existing landscape of whistleblower laws in Texas, however, can potentially pressure employees to remain silent about critical issues. Or, even worse, cost employees their jobs and leave them without legal recourse if they put their necks on the line.

Conclusion

If you find yourself in a predicament similar to David Lochridge’s, it is important to seek the help of a Houston employment lawyer. Despite the less robust nature of whistleblower protections in Texas, your rights deserve to be defended and consulting with an employment lawyer before or after whistleblowing can help you determine your rights (if any).

If you believe you’ve been subjected to retaliation due to whistleblowing, do not hesitate to contact Evan Lange Law, PLLC. The firm is dedicated to supporting you in safeguarding your rights and helping you navigate this complex area of law. Reach out today to understand your legal options and ensure your rights as a whistleblower are protected.