Category: Employment
Many California employees contact us to find out if they are entitled to “whistleblower” protection. Both state and federal laws protect persons who report illegal activity by their employers says employment attorney Orange County. To be protected, an employee usually only has to have a “reasonable but mistaken belief” that illegal activity is afoot. In California, whistleblowers are protected by Labor Code 1102.5 which prohibits retaliation against an employee who complains about illegal activity. This is a very tough law for employers to prevail on, since the very next code section (1102.6) provides that the burden of proof is on the employer to prove by clear and convincing evidence that the whistleblowing about illegal activities had nothing to do with the adverse employment action.
According to employment lawyer Orange County, an employee can claim retaliation under the federal qui tam laws, where it is shown that the whistleblower was discharged, demoted, or discriminated against because of lawful acts done in furtherance of a false claims investigation. If the relator basically violates confidentiality and removes tens of thousands of documents indiscriminately, in order to later prove a qui tam case, there will probably be a finding of non-protected activity and the loss of the right to bring a retaliation action under the federal law.
When a whistleblower actually sues his or her former employer on behalf of the government for monies lost by the government, it must be shown that the government was actually defrauded and lost money says employment attorney Oakland. The federal false claim act is found at 31 United State Code 3729. A recent case illustrates some of the differences in “reasonable but mistaken” (sufficient to support a wrongful termination claim) and actual false billings. In this case the plaintiff contended that her employer withheld disclosure of new inventions from the government, stating that the contract with the company provided that the government owned the inventions. As the government would have had the right to license and sell these new inventions, the theory of the employee went, the United States was defrauded by not having that right of sale. Unfortunately for the plaintiff, she was unable to allege that the employer ever sought payment from the government and had not submitted a “false claim”.
Employment attorney San Diego says that false claims take many forms such as fraudulent use of a receipt; unauthorized purchase of government property or use of a “false record or statement” to avoid payment to the government. Another recent case held that a request for reimbursement that falsely implied compliance with federal rules might constitute a false claim. “Reverse false claims” are also actionable. In one such case, the defendant company falsely represented the value of some aircraft metals as “scrap”, whereas in fact it was worth several million dollars. A false claim was properly stated. Finally, it’s important to determine if the false claim was in a “condition of participation” or a “condition of payment”. No false claim is usually stated if the defendant accused of defrauding the govenment is simply falsely certifying compliance (such as non-discrimination) with a federal program or is actually billing falsely.
Financial rewards for whistleblowers can be huge! Under California state laws, up to 30% can be awarded to the whistleblower. Routinely, about 15-20% is awarded in federal false claims actions.
As always, this blog is educational in nature and legal advise can only be given by an experienced attorney in your jurisdiction.
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Repetitive Strain Injury is also known as cumulative trauma disorder (CTD), which is just one of many different names associated with Repetitive Strain Injury. The effect of Repetitive Strain Injury comes as the result of overusing a tool such as a computer, guitar or knife; basically any activity that requires repeated movements. Repetitive Strain Injury affects your muscles, tendons and nerves in your hands, arms and upper back.
Repetitive Strain Injury is a medically accepted condition, which occurs when muscles in your hands, arms and upper back are kept tense for long periods of time due to poor posture and repetitive motions. Some people also believe that stress is a main cause of Repetitive Strain Injury rather than it just being a contributing factor this is because of aspects such as job demands, poor support from colleagues and work dissatisfaction may cause an employee to work harder without realising the potential damage that they could be causing through Repetitive Strain Injury.
The effects of Repetitive Strain Injury may take months, even years to develop and in many cases starts with a slight ache that gradually gets worse. Once the problem of Repetitive Strain Injury has started the problem can get that bad that severe pain may be felt most of the time, even with only the slightest movement.
Anyone whose job involves repetitive movements is at risk of developing Repetitive Strain Injury. The risk is increased by spending long periods of time without a break or sitting on an uncomfortable chair. The symptoms of Repetitive Strain Injury can often vary from person to person but the most common three include pain, numbness and tingling; you also may find it difficult to hold objects. If you start to feel any of the following then it may be indicating the onset of Repetitive Strain Injury:
Recurring pain (myalgia) or soreness in neck, shoulders, upper back, wrists or hands. Tingling, numbness, coldness or loss of sensation. Loss of grip strength, lack of endurance, weakness. Muscles in the arms and shoulders feel hard and wiry when palpated. Pain or numbness while lying in bed. Often early stage RSI sufferers mistakenly think they are lying on their arms in an awkward position cutting off circulation
In many, if not all cases of Repetitive Strain Injury the treatment that you will receive will be given so that it targets all the major areas of your body that may be affected i.e. arms and upper back. So how exactly can Repetitive Strain Injury be prevented? When you are working in an environment that requires you to perform repetitive motions there are a few things that you can do that will reduce your risk of Repetitive Strain Injury such as warming up and cooling down your muscles, taking regular breaks throughout the day, having an appropriate workstation and a good seating position.
There are three categories of Employment Passes in Singapore: the P1 Employment Pass, P2 Employment Pass and Q1 Employment Pass. Before considering to apply for a particular employment pass, it is important that you possess all the required criteria to be eligible for the employment pass you are applying for.
The basic requirements to be eligible for a Singapore Employment Pass is that the foreigner applicant must have a fixed monthly salary of at least S$2,500 and must possess the recognized qualifications which includes acceptable degrees, professional qualifications or specialist skills. The Ministry of Manpower (MOM) is the authority that evaluates each EP application and qualification, based on a criteria that includes the following: global and country institution rankings by independent accreditation boards, hiring history by top companies in Singapore, validation by HR consultants in listed countries, employment outcome of the institution’s graduates, and the institution’s enrollment standards.
In addition to the foregoing basic requirements of monthly salary and recognized qualifications for a Singapore EP, each of the three categories of EPs have specific eligibility requirements and this article will discuss each of these categories briefly:
P1 Employment Pass
A P1 Employment Pass can be given to an applicant who performs a Professional, Managerial, Executive or Specialist job and has a fixed monthly salary of at least S$7,000.
P2 Employment Pass
A P2 Employment Pass can be given to an applicant who performs a Professional, Managerial, Executive or Specialist job and has a fixed monthly salary of at least S$3,500 and not more than S$7,000.
Q1 Employment Pass
A Q1 Employment Pass can be given to an applicant who performs a Professional, Managerial, Executive or Specialist job and has a fixed monthly salary of at least S$2,500 and not more than S$3,500. An applicant who does not possess the recognized qualifications as discussed in the first part of this article can still be eligible for a Q1 EP provided he possesses compensatory factors such as skills and years of experience, depending on the discretion of the MOM. A minimum of 5 years of relevant work experience is a plus factor.
A fixed monthly salary, as discussed above, refers to the total regular income of a foreign employee earned from his job, including his basic salary, and this income must be paid to the employee on a fixed monthly basis, regardless of his performance.
A fixed monthly salary and/or basic salary does not include the following: additional payment by way of overtime, bonus or commission; any form of reimbursements or in-kind payments; any sum paid to an employee or contract worker to defray special expenses incurred by him owing to the special, unusual or hazardous nature of the employment; any productivity incentive payments and any allowances which are variable in nature; any contributions paid by the employer or employee to any pension or provident fund; or any gratuity payable on discharge or retirement.
Very few people ever got rich by working for someone else. Leaving aside pop musicians, sportsmen and similarly gifted people, the only way to acquire wealth by work is to build a business of your own. The type of business you decide upon will depend on: a) how much money you have available as start-up capital and working capital; b) your business idea; and c) your confidence level.
There are three types of business: 1) the traditional one in which you are reliant solely on your own efforts; 2) a franchise where you follow a proven idea and receive considerable training and back-up from the franchise company; and 3) network marketing.
Each business type has its pros and cons.
The traditional business requires considerable financial input, either from your own resources or part-funded by your bank. You may need to rent premises; buy equipment; hire staff; pay for advertising, brochures, stationery, and stock. A frighteningly high percentage of this type of business fails in the first year. To succeed you need: a good idea, considerable financial backing, good health, an understanding spouse, and stamina. If you do succeed you will own the business outright and benefit from all the profits.
Franchises have a high success rate. Banks like them because each franchise operation has a proven track record and thus the banks can accurately judge the risk, consequently they will lend money for this sort of start-up. However, all the support and training comes at a price: the initial entrance fee is likely to be very high, and a percentage of the business’s turnover has to be paid to the franchise company.
Network marketing, also known as multi-level marketing, has many advantages and few disadvantages. The entrance fee is low and the ongoing expenses are even lower. A network marketing business can be started in your spare time – in fact that is the best way to approach it. Start small, and keep at it. The secret is perseverance, get past the first year and you should find the business has a sound foundation from which you can build a serious income. It is said that 95% of those who survive ten years in network marketing become wealthy beyond their wildest expectations.
So which type of business is for you? If you wish to provide a service or product where you have previous experience from, say, a former employment, the traditional business will be probably be the best choice. However, if you are just tired of working for someone else and making them rich and wish to strike out on your own, then a franchise or network marketing must be the preferred option.
The choice then is determined chiefly by the funds you have access to, and the time and effort you wish to put into your enterprise. A franchise will require substantial funds and 100% commitment. You are jumping in at the deep end, although the franchise company will provide training and support to help you to swim.
On the other hand you can ease yourself gently into network marketing by starting part-time while you continue with your current employment, building your business by ploughing back profits if necessary. Persevere and there will come a time when the income from your own business will be sufficient to support you financially. You will then be able to leave your employment and concentrate on your business, spending more time on it or enjoying considerable free time with your family.