Leon

BACKGROUND

Leon was hired by IDX in 2001. In mid-2002, Leon began complaining of mismanagement of the “Standards-Based Interoperable Guideline System” (“SAGE”) project, claiming there were irregularities in the financing and reporting of the federally-funded project. On April 25, 2003, after putting Leon on unpaid leave, IDX brought an action for declaratory relief, seeking to establish that it could terminate Leon’s employment without violating the anti-retaliation provisions of the False Claims Act, SOX, and the ADA. On May 20, 2003, Leon filed his own action, which included claims for retaliation under the False Claims Act, violations of Title VII, the ADA, and state law claims. Leon’s complaint alleged that IDX fired him in retaliation for his whistle-blowing activities.

On April 30 and May 7, 2003, IDX’s attorneys sent letters to Leon’s attorney, requesting that Leon return the IDX- issued laptop to IDX. On May 8, 2003, Leon’s attorney responded in writing by asking if Leon could keep his laptop for the duration of an audit of the SAGE project. On May 9, IDX’s counsel stated that Leon could keep the laptop for the specific purpose of responding to the auditors. The April 30…