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revealed that, of all of the telephone calls placed from
petitioner’s extension for 2-1/2 years, one 13-cent telephone
call was alleged to be improper. Additionally, in October 1989,
TDHS began to investigate petitioner’s use of sick leave.
Investigators audited petitioner’s sick leave records and placed
him under surveillance to monitor his activities during those
working hours when he was excused to receive physical therapy.
The investigators alleged that on one occasion petitioner left
work and failed to attend a therapy session and that on several
occasions no record existed to show his attendance at a therapy
session. On December 12, 1989, petitioner was fired for
allegedly abusing his sick leave, falsifying official documents,
and misusing his business telephone. TDHS referred the matter,
including the improper telephone call, to the district attorney
for alleged criminal violations.
Petitioner was subsequently indicted for falsifying
documents, a third-degree felony. After petitioner surrendered
to the authorities, he was placed in a holding cell at Travis
County Jail. Petitioner was handcuffed due to a disturbance that
had broken out in the cell. Petitioner was released that same
day on a personal bond.
On March 9, 1990, petitioner filed suit against the TDHS,
Cause No. 480,701, styled George Green v. Texas Department of
Human Services, under the Texas Whistleblower Act. Tex. Rev.
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