Former HHSC OIG Deputy Counsel Reported Internal Wrongdoing and Was Dismissed Per Lawsuit

whistleblower wrongful dismissalMichael McMillen, former Deputy Chief Counsel, Texas Health and Human Services Commission Office of Inspector General, is suing the HHSC for wrongful dismissal after reporting alleged violations of law within the agency.  The nature of the alleged violations are not known.  The pleading is available online or since the connection is slow, now on the TDMR website.

The suit, filed July 2012, is still before the courts.

The original petition states:

Commencing in approximately June of 2011, plaintiff [McMillen] spoke out on topics of public concern and/‘or what he believed in good faith to be a violation of law by THHSC . Since that time, plaintiff then commented upon topics of public concern in a manner protected by the Texas Constitution. The content, form, context, and other indicia all demonstrate that plaintiff was speaking on topics of public concern, as a citizen, and/or in a manner that constitutes protected free speech activity under the Texas Constitution.

In December 2011, plaintiff against spoke out and reported what he believed in good faith to be violations of law at THHSC, this time to THHSC’s Inspector General’ s Office and to its Chief Counsel. These reports include communications in late December 2011, immediately before Christmas and New Years’ holidays. Then, on or about January 2. 2012, plaintiff was relieved of his duties and told that he has being barred from the office and being placed on administrative leave. Plaintiff remained on administrative leave until he was terminated from his job, effective on or about April 27, 2012.

Former OIG Director of Sanctions Fread Houston, who was with the agency from January 2009 to May 2012,  has already come forward before the House Human Services Committee last legislative session and testified about numerous problems he had seen within in the agency.


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