What is my recourse for being forced to commit insurance fraud by my employer?

UPDATED: Feb 18, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What is my recourse for being forced to commit insurance fraud by my employer?

As lead dental assistant I have been forced to order crowns for the past 2 years of a lesser grade than what the patients and insurance companies are paying for (no less than 100,000 in fees). I have approached the dentist on several occasions and have been told just to go with it and keep quiet in order to keep my job. Can I sue them in civil court for insisting I commit insurance fraud?

Asked on February 18, 2012 under Employment Labor Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, you may not sue them in civil court for insisting you commit fraud; that's because you were NOT forced, under the law, to do this. Someone is forced to commit a crime when he or she is physically threatened, or has his or her family threatened. In your case, though, the only thing you faced if you did not go along was the loss of your job; so to look at it another way, you were basically offered employment--offered the chance to keep you job--if you committed a crime. You voluntarily chose to accept that offer; you could have refused and let the dentist fire you, or you could have quit, and in either case, you could have then gone to the authorities or the insurer to report the fraud.

You may still wish to contact the authorities or the insurer, though you should retain and speak with a criminal defense attorney before doing anything--you have been a willing accomplice to insurance fraud, so you potentially face both civil and criminal liability (that is, you could potentially be sued and jailed) if and when this comes to light. The law does not let you commit a crime to keep your job or paycheck. You can likely improve the outcome for you personally by coming forward about the crime--but again, with what is at stake, consult with a criminal defense attorney before doing anything.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption