A recent case has held that whistle blowers seeking to recover a bounty for reporting fraud must first report the allegations to the Securities and Exchange Commission if the bounty is sought under the Dodd-Frank Consumer Protection legislation of 2010.This is the Asadi vs. General Electric case. California whi...

Whistle blowers are often faced with the dilemma of to whom the should report suspected fraud and abuse of government funding. Many large corporations, in an effort to comply with legal requirements or simply in order to have employees believe a meaningful internal channel is available, will offer a "hot line" ...

In the recent 9th Circuit (the federal court circuit that covers California and other western states), Westendorf vs. West Coast Contractors, 712 F3d 417 (9th Cir 2013), once again shows us that it may be easier to win on a claim of discrimination than on an underlying charge of illegal discrimination. Here, a ...

In prior blogs, we've covered some of the criteria the courts in California rely on to determine whether or not you are properly classified as an employee or an independent contractor. Generally, we've concluded that "control of the details", versus the general outcome, of your job is the primary factor. Th...

Waiting time penalties under California Labor Code 201 and 203 (which one depends on whether you are fired or quit) total up to 30 days of compensation following your separation if your employer does not pay you all that you are owed at the time of termination. A recent case from the federal Ninth Circuit (Urbi...

William Davis and Spencer Miller filed a federal false claim whistle blower lawsuit against Amgen, Inc. They have received 2.75 Million as a result of their settlement with the company. The federal government will receive the balance of 15 Million. The case arose out of allegations that Amgen, a biopharmaceutic...

A rarely-used California statute (the Independent Wholesale Sales Representatives Contractual Relations Act of 1990, California Civil Code Section 1738.10, has been relied upon by an appellate court to uphold treble penalties. Reilly vs. Inquest Technology, Inc., 20113 DJDAR 10164 (4th Dist. 7/31/13). This act ...

We watch with interest all California cases involving discrimination and try to learn from each appellate decision, favorable or not to our employee-clients. In this case, Wade vs. Ports America Management Corp, the court held on appeal that a union member would not be allowed to sue in court following a denial...

Union members with knowledge of fraudulent billing by their employer have the right to report suspected false claims to the government. If the union member is terminated for reporting suspicious business activity, can he or she file a grievance with the union? The short answer is "yes", as it is rarely consi...

As California's whistle blower's law firm, we are always pleased to see national recognition given to our clients and those of our fellow practitioners.. On July 30, 2013, perhaps the highest form of recognition to our whistle blower clients was given by no less a body than the United States Senate. By unanimou...