Whistleblowing and legalities

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Dennis Mouser

Active Member
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Jan 19, 2006
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Location
Houston, TX
I'm looking for some advice here,

I work for an auto insurance company in Texas and one of my managers who has worked for the company atleast 4 years, does not and cannot get her insurance lincense, someone who used to work for us said TDI (Texas Dept of Insurance) needs proof like activity logs, a policy she wrote or handled showing that she physically was in contact with customer about thier insurance policy to be able to "bring her down" based upon evidence.

I have over 289 pages of her activities on policies since 2004, will I be braking any laws by handing over these documents to an "ex empoyee" in order to "blow the whistle" ?... I don't personally hate the woman but she is like playing with fire,we have had our bouts and she will turn on you in a second. I work underneath her sort-of as a team lead (assistant manager).

Is there anyone here experienced with Business Litigation?
 
I think if you turn that info over to anyone other than TDI officials, or a company official, yes, you're breaking the law.



However if no one knows who you are, what difference does it make.



Of course if no one knows who you are, it doesn't lend much credibility to the docs, if you are unwilling to come forward.



Why not just file the complaint yourself?

 
I agree with Nobleman. I wouldn't give the info to anyone else. In addition, taking information out of the office probably breaks the law. I would just call TDI directly and ask what procedures you need to follow to turn in your co-worker. They will know all the legalities.



Your former co-worker seems to be involving you in a vendetta. Be very careful about any advice he gives you, because he has nothing to lose if you get in trouble.
 
something else I am trying to find out is can she obtain, keep or present my personal file (write ups, mistakes ect..) like she is an HR rep, she used to maintain this stuff until we hired the HR rep from ADP Totalsource onto our own payroll... My Dad has advised me there is a BIG issue with her handling my personal file, he states she should not EVER have my personal file and that these files are NOT to be kept in the office? I feel he may be at little liberal about this but she has "picked" on me in the past, hawking over my every move and "writing" me up for every little thing like not clocking out at 6pm..."failure to adhere by company guidelines"

he told me to ask my HR rep that is now employed by my company and not an outside company for my file, if I can get a copy of it like that then there is something wrong, he stated to watch how quick this file disappears if I ask to "copy everything that's in it"... I'm not that keen to all this employment related (HR stuff)
 
I agree that NO ONE but HR should ever handle your personel file. That you should not hand over any company docs to anyone but the top company officials & TDI. If she is not licensed to do the work she is doing then she is breaking the law, and could get the company in a world of hurt.
 
Dennis, I work for the state of Texas.The only way the whistle blowers act works is if you, yourself turn in the information. Then it protects you from retaliation.Your file may be open to supervisors, I am not sure on this. But if you have evidence and do not turn it in, then you could be in trouble also. But once you turn it in, you will have to report any retaliation that happens. If you don't report it then no one can help you. Ron
 
To me it sounds like your office has a lot of problems. Myself I would quit and find a more professionally run organization. This lady manager without the license. Is she signing any insurance contracts? There maybe nothing wrong with her working in a 'sales' capacity and having a licensed agent sign the contracts. Does this lady manager not have an immediate or for that matter any superiors. I am a licensed insurance adjuster in the state of Florida and have to present my license to any possible employers for verification and proof of my abilities. No employer would hire me without a valid license. Two more things: (1)Don't give any information to an ex employee. I can't tell you how many things I see going wrong with that. (2)You say she is on your back for disciplinary things such as not keeping a correct time sheet and 'failure to adhere by company guidelines'. Is this true? Are you committing these company offenses? If so then it is not going to look good for you. You will just come off as a disgruntled employee. Giving you the benefit of the doubt I go back to my first suggestion of leaving that office to its own problems and finding a new office that is up to standards.
 
To me it sounds like your office has a lot of problems. Myself I would quit and find a more professionally run organization. This lady manager without the license. Is she signing any insurance contracts? There maybe nothing wrong with her working in a 'sales' capacity and having a licensed agent sign the contracts. Does this lady manager not have an immediate or for that matter any superiors. I am a licensed insurance adjuster in the state of Florida and have to present my license to any possible employers for verification and proof of my abilities. No employer would hire me without a valid license. Two more things: (1)Don't give any information to an ex employee. I can't tell you how many things I see going wrong with that. (2)You say she is on your back for disciplinary things such as not keeping a correct time sheet and 'failure to adhere by company guidelines'. Is this true? Are you committing these company offenses? If so then it is not going to look good for you. You will just come off as a disgruntled employee. Giving you the benefit of the doubt I go back to my first suggestion of leaving that office to its own problems and finding a new office that is up to standards.
 
she is NOT binding or signing insurance contracts but she is/has been relating to customers about thier insurance policy, you cannot discuss a customer's policy with them if you are not licensed. The ex employee is now down the road at a commercial risk company Aon Risk and is making atleast 35K a year right off the bat with little exp., needless to say I just gave her my resume and asked her to put a word in for me, my jpb promoted me w/o pay raise. been making 11.25hr for almost 2 yrs with no raise. This company is HUGE with thier OWN 25 story building, the company I work for Leases the 7th floor a bank as our corp office.
 
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