Category: BLOG
First Circuit Issues Important Decision Clarifying the False Claims Act’s “Original Source” Standard
One of the first and most frequent arguments defendants make in fighting qui tam allegations under the False Claims Act (FCA) is that the case brought by the whistleblower, or “relator,” is not viable because it is based on publicly available information, the relator is not an “original source” of that information, or both. On …
Did You Know? Minnesota Law Protects Parents Who Take Time Off Work to Attend Their Child’s School Activities
We often write about the more common protections for employees in Minnesota, such as protections against discrimination, sexual harassment, retaliation for reporting law violations (i.e. whistle blowers), and protections for employees who take medical leave. But, did you know that Minnesota also provides lesser-known protections to employees? For example, Minnesota law allows employees to take …
Employee’s Rights When Summoned For Jury Duty
What rights does an employee have when jury duty calls? This is a common question many Minnesotan employees have as they followed the media’s coverage of the high-profile case of Mohamed Noor, a police officer on trial for shooting Justine Ruszczyk (Damond) after she reported a crime being committed near her home. The trial started …
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Truck Drivers, Couriers, and Delivery Service Workers Beware! You May Be Misclassified.
Employee misclassification has become a huge problem in the United States. Employers who want to increase profits by not paying withholding and other taxes and escaping liability for workers’ compensation and unemployment claims will often claim that their workers are ‘independent contractors’ or ‘consultants’ (ICs), even though these people perform jobs that go to the …
5 Things to Do After Getting Fired
You’ve just been fired, or you suspect you’re about to be fired. And you think that your termination may be for an illegal reason (e.g., discrimination, retaliation, blowing the whistle). Now what? 1. Do Not Quit / Do Not Sign Anything. Most workers who suspect termination is imminent often believe it is better to quit …
20 Common Ways Employers Violate Employee Rights
Although Minnesota is an “employment at-will” state—meaning the employer may terminate an employee at any time for any reason—there are, in fact, exceptions to the rule. Since 1967 the Minnesota Human Rights Act has served as the State’s comprehensive employment rights law and provides a wide range of protections for employees. Yet even with the …
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What Happens to an FCA Whistleblower’s Reward If the Government Files Criminal Charges against the Defendant?
As a whistleblower, or “relator,” under the False Claims Act (FCA), you have filed a complaint against a company that defrauded the federal government. The government investigated your allegations and indicted the defendant company on federal criminal charges. At sentencing, the government seeks restitution of the amount it lost due to the defendant company’s fraud. …
Whistleblowers in the Intelligence Community
There are many different statutes that provide protections to whistleblowers, and in some instances, also provide specific procedures to follow. That is the case with the federal whistleblower in the news these days. That whistleblower works in the Intelligence Community, where blowing the whistle may involve classified information. The intelligence community defines whistleblowing as “the …
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Know Your Rights: Sexual harassment claims are not limited to interactions that take place at the office
Sexual harassment or sexual assault can be actionable if it occurs on business travel or at work-related events. In fact, over half of the sexual assault cases we have handled involved assaults that occurred outside of the office and outside of work hours. If the harassment or assault can be shown to be related to …
What Are My Rights as an Older Employee Who Has Recently Been Laid Off From My Job?
We hear all too often from clients… “I just got laid off, and my employer wants me to sign a severance agreement. They gave me a big chart with a list of people’s positions and ages on it. I’m confused, and I’m not sure what to do next.” If you are an older worker (defined …