Apr. 27, 2012 - Pregnancy Discrimination in the Work Place

Pregnancy discrimination continues to be a major problem in the workforce. Last year, 5,800 complaintsabout work-place pregnancydiscrimination were filed with the EEOC. It is safe to assume that atleast that many workers, if not more, filed similar complaints withtheir state agencies, such as the California Department of FairEmployment and Housing says pregnancydiscrimination Orange County attorney. 

Reasons for the continuinghigh level of complaints can be traced tothe still-recovering conomy, the escalating cost of living, and theneed for expectant mothers to remain in the workplace longer thantheir parents ever needed to says employment attorney Sandiego.Personally, we've seen in our state-wide offices in California a significantincrease in the number ofsingle-mother households who only have one regularincome on which tosupport their current (and growing) families. While it may not seemdirectly related, many moms are caring for both youngsters and theirown parents, who may actually be living with them.

  The federal 1978 Pregnancy Discrimination Act and state laws suchasCalifornia's Fair employment and Housing Act protections provide afirst levelof support and require qualified employers to offer up to 16 weeks of pregnancy-related leave. Other accommodations may be required under the Americans with Disabilities Act.

 As the Chair of the EEOC, Jacqueline Berrien, said recently,"Unlawfuldiscrimination should not  be among theirchallenges."

We practice employment law, including wrongful termination harassment,retaliation and whistle blower protection law throughout California. This blog is educational in nature and you should rely on experienced attorneys licensed in your jurisdiction for advise on your particular case.

Mar. 28, 2012 - Representing Your Employment Rights in California

The cities of San Diego, California and San Francisco, California are very different. San Diego is on the border with Mexico and is famous for its dry but hot summers. San Francisco shares the Bay Area with cities such as Oakland and is well known for its cold and rainy weather. But whether you are visiting the Naval Park in San Diego or Candlestick Park in San Francisco, the one thing residents from both cities take very seriously is employment law. Hopefully, you will never need an employment attorney San Diego .. But if you do, it is good to know that some of the best legal experts in the country in the field of employment law are located in California.

Some people do not know why they would ever need an employment attorney and do not seek out the help of a qualified attorney at the right times. Whether you work for a company located near the Golden Gate Bridge in San Francisco or Qualcomm Stadium in San Diego, you have certain rights as an employee. If you feel that you were wrongly terminated from your job, then you should talk to an employment attorney about your concerns. If you feel discriminated against in the workplace and the company has done nothing about your repeated requests for them to intervene, then you should get a hold of an employment attorney Oakland to find out your rights. You should not have to tolerate any kind of discrimination or unfair treatment in the workplace. You should be prepared to protect your rights.

An employment attorney can do more than just sue your employer if you feel you were unfairly treated. Some employment contracts can be lengthy and difficult to understand. You should never sign an employment contract that you do not understand. If you have a complicated work agreement, then take it to an employment attorney to get a professional opinion on the wording. The attorney can point out any areas of concern and give you a list of topics to discuss with the employer. If the employer is not offering clarification, then you can have the attorney speak to the employer or move on to a new job opportunity.

An employment attorney will make sure that your employment rights are always preserved in the workplace. If you ever feel mistreated or if you need assistance with employment paperwork, then contact an employment attorney for the help that you need.

Feb. 27, 2012 - Employment Attorney Los Angeles: Discrimination at Workplace

Although frowned upon and considered to be illegal, discrimination at workplace is still prevalent in many states of US. To protect employees from such practices in several areas that may include hiring, recruitment, firing, training, promotion, pay and job, a number of federal and state laws have been put into place. Sometimes, it may be difficult to evaluate what is and is not legal as the employment laws may vary from state to state or even state to federal level and may be complicated.

According to employment attorney los angeles, the employees are entitled to basic rights at workplace that may include right to privacy, fair compensation and freedom from discrimination. Prior to hiring, an aspirant may have rights such as there being no discrimination based on age, gender, race, ethnicity, nationality or religion. During the hiring process, an employer is not supposed to ask certain questions that may be related to family.

The San Diego employment attorney applies right to privacy to personal possessions such as handbags or briefcases, storage lockers to be accessed by the employee to whom it is allocated or private mail addresses. The privacy rights may also apply to telephone conversations or voicemail messages.

The employees are protected under a number of federal employment and anti-discrimination laws that may vary for employment attorney Los Angeles and San Diego employment attorney. But overall, the laws may be classified as

Americans with Disabilities Act (ADA)

Age Discrimination in Employment Act (ADEA)

Consolidated Omnibus Reconciliation Act of 1985 (COBRA)

Equal Pay Act

Employee Retirement Income Security Act (ERISA)

Family Medical Leave Act (FMLA)

Fair Labor Standards Cost (FLSA)

Title VII of the Civil Rights Act of 1964       

Jan. 24, 2012 - Blowing the Whistle on Government Fraud in California

According to employment attorney San Diego, making false claims that defraud the government for money is a serious crime at the federal and state levels.  The False Claims act allows private citizens to blow the whistle on individuals and businesses through lawsuits.  Orange County residents trust must be skilled at discreetly handling false claims information.  Much of the time, individuals coming forward have found evidence of false claims being made by their place of employment.  California's state false claim Orange County laws mimic those that protect the federal government from fraud but with reference to state governmental agencies.

It is estimated that billions of dollars are stolen from the federal government annually by government contractors.  The Federal False Claims Act provides incentives for private citizens to come forward with information and evidence of government fraud that leads to the recovery of stolen government money.  The federal false attorney Orange County residents need for whistle blowing should be experienced in false claims lawsuits.  Any attorney chosen should also have the appropriate credentials and training to pursue cases at the federal level.  The California state false claim attorneys should be well-versed in the ins and outs of the false claims act, as well as experienced in real court cases. 

Whistle blowing cases are called 'qui tam' cases says Orange County employment attorney.  Qui tam refers to the fact that the whistle blower will profit along with the government from exposing the fraud through being awarded part of the judgment.  Your federal false attorney practice can give you tips for your qui tam case, as can your state false claim lawyer.  However, here are a few things to get in order before bringing your information to the law firm you have chosen.  First, write down all you know about the fraud.  Be as specific about dates, documents, amounts of money, and conversations relating to the fraudulent activity as you can.  Spending several days doing this can allow you to remember more in several settings than you can in one period of time. 

Second, don't be afraid to reveal both good and bad interactions you have had.  Your lawyers will need to know how involved you are.  You should offer as much detailed information as possible as quickly as possible.  Only the first whistleblower to file gets to share in the judgment.  Law suit success rates increase dramatically when the attorney trust can get the government to intervene based on the information provided.  The same is true with state false claim Orange County citizens file. 

Dec. 26, 2011 - FOSTERING ACCOUNTABILITY IN FALSE CLAIMS

The Federal False Claims Act permits private citizens to file a lawsuit against individuals and businesses that defraud the federal government. The FCA was originally created to fight government fraud in the defense industry during the Civil War. Today it is the primary law used by private citizens to file whistleblower lawsuits on behalf of the United States when they have direct knowledge of government fraud. The rewards for being an FCA whistleblower can be great, of the order of 15-30% of the amount the government recovers. FCA whistleblowers have received more than $2.2 billion in whistleblower rewards for exposing government fraud. The most common types of False Claims Act cases involve Health Care fraud, Medicare and Medicaid fraud, Department of Defense fraud, Construction Contract fraud, and Government Loan fraud. Good False Claim Act whistleblower cases have strong evidence of fraudulent activity and proof of significant financial damage to the government. The time of filing a whistleblower case is critical as whistleblowers must follow the first to file rule. Federal False Attorney Orange County stands up against powerful corporations when they engage in government fraud. Federal False Attorneys Orange County protects the rights of whistleblowers in Orange County and is ready to help them get the reward they deserve.

With the intention of combating fraud and illegal activities, many states have opted to supplement the Federal False Claims Act with their own state-specific False Claims Acts. These laws cover a wide range of transactions and potential instances of fraud, not limited to direct contracts or agreements with the state specifically, but also public agencies and organizations that may be defrauded. Like the Federal False Claims Act, State False Claims Acts provide financial incentives for whistleblowers to report companies and individuals who have cheated state agencies or programs. The California False Claim’s qui tam provision permits a whistleblower to file an action to enforce the Act. The California False Claims Act makes it a civil offense for persons to, among other violations, knowingly submit false or fraudulent claims for payment; misappropriate public property, or deceptively avoid obligations to pay or return funds to the State of California. The California False Claims Act has been utilized in a wide variety of cases, both Medicaid and non-Medicaid. In most cases, plaintiffs must file a complaint within ten years of the violations they are reporting. State False Claims Orange County is highly experienced at handling State False Claims cases. Over the years, they have developed a proven track record of success in Qui tam work.

Oct. 28, 2011 - employment attorney San Diego : What is the Federal False Claims Act?

The Federal False Claims Act is widely regarded as the most effective tool in combating fraud against the federal government says employment attorney San Diego. Congress enacted the Federal False Claims Act during the Civil War to combat fraud against the federal government by suppliers to the Union Army. The False Claims Act, often referred to as “Lincoln’s Law,” was used relatively sparingly as an enforcement tool during the century that followed its enactment. Despite some use during World War II, the False Claims Act was largely ineffective at combating fraud against the federal government until the statute was dramatically revamped in 1986.

According to federal false claims attorney Orange County, the Department of Justice today announced the settlement of the largest recovery ever, on behalf of the United States Government's General Services Administration, under the federal false claims act. Filed by a private whistleblower, similar to many filed by Danz & Associates, the lawsuit contended that Oracle had defrauded the government from 1998 to 2006 by falsely promising the same discounts offered to favored commercial customers. Paul Frascella, the whistleblower, will get $40 million.  The Assistant US Attorney General of the civil division said "Companies that engage in unlawful or fraudulent practices to secure government business undermine the integrity of the procurement process and create an unfair advantage."  The lawsuit claimed that Oracle had given discounts of up to 92 percent to favored commercial customers, but held the government's discounts to 25 to 40%.

Oracle is a repeat player in the federal false claims arena, having paid 98.5 million to settle a case over pricing at People Soft.

If you are considering filing a federal false claim, it is critical to hire a law firm with specialized knowledge in this area of the law says Santa Barbara employment lawyer. Traps abound for the unwary litigant, from failing to secure the pole position as "original source", to failing to include those charges which provide the whistle blower and their attorney with the chance to fully partner with the government. Many states such as California have their own state false claims act statutes.

As usual, this is not legal advise, but should be considered educational in nature. Steve Danz

Oct. 1, 2011 - California Laws Protecting Whistleblowers

According to San Diego employment attorney, ask any California employee about their right to be protected from adverse job action if they blow the whistle on corporate fraud or other misconduct at the work place, and they'll likely mention something vague about the "federal false claims" act. While is true that the Federal False Claims Act (31 United States Code 3729) is the granddaddy of all whistleblower protections, there are other federal laws (such as the Dodd Frank Wall Street Reform and consumer Protection Act) that provide for financial recovery. In many cases, it is critical to include a claim for violation of a state false claim act in the federal complaint. For example, in a matter against Eli Lilly in 2009, approximately $360 million of a total $800 million in settlement funds was attributable to state whistle blower wrong. These were Medicare and Medicaid losses says Orange County employment attorney.

California recognizes "common law" public policy exception to "at will" employment says employment attorney Los Angeles. Thus, an employee may not be fired if the conduct by the employer complained of is a deeply rooted, fundamental one. More specifically, California Labor Code 1102.5 provides that no employee may be fired or made to suffer adverse job action where the employee "has reasonable cause to believe that the information (provided to officials) discloses a violation of state or federal statute or a violation or noncompliance with a state or federal role or regulation." This section also prohibits retaliation against an employee who refuses to participate in illegal activity. Labor Coded 2802 more generally prohibits an employer from making an employee work in an illegal environment. This code section is probably the most employee-friendly code in the entire United States, since it (at section 1102.6) requires the employer to prove by clear and convincing evidence that the whistle blowing is not the proximate cause of the adverse job action.

Additionally, California Insurance Code Section 1887 allows for a member of the public (not necessarily an "employee") to sue on behalf of insurance companies that are defrauded by false claims. The California Whistle blower Protection Act, Section 8547; California Government Code 12650 and other provisions provide additional protections. Yet another example is the California Health and Safety Code, Section 1278.5 and Section 53298. Many state false claims acts require the same general steps as filing a federal qui tam action, such as filing under seal, being the "original source" of the information, and providing a statement of material facts in support of the allegations. Extreme attention to detail must be paid! says whistleblower attorney Orange County. Primarily, fraud allegations (as in any civil lawsuit) must be pled with great specificity. Sometimes that means actual "time, date and place" information.

As always, this should be considered educational and not legal information. Only an attorney licensed to practice in your state and knowledgeable about your employment issue can give competent legal advise.