Blowing the Whistle for Uncle Sam and Yourself

A single whistleblower and the right employment law attorney can make a world of difference. 31 U.S.C. §§ 3729 through 3733 comprise the federal False Claims Act. Violations include knowingly presenting to the federal government a false or fraudulent claim for payment, knowingly using a false record or statement to ...

Retaliation For Unsafe Working Conditions & Your Rights

Have you seen the television show Desperate Housewives? One of the actresses appearing on the show, Nicolette Sheridan, sued the production company under Labor Code section 6310 alleging she was terminated in retaliation for a complaint she filed alleging battery by the show's producer. This post will discuss Labor Co...

Do You Have A Whistleblower Claim? Part 2

In our last blog post we discussed who is a whistleblower and how one can file a lawsuit to recover damages from a wrongdoer on behalf of the U.S. government. This post will focus on common obstacles to filing a qui tam lawsuits: the "public disclosure bar," the "first-to-file rule," and observing the statute of limita...

Gender and Disability Discrimination Continue to Flood the Courts

This week we observed additional interesting cases of gender and disability discrimination.   One case was settled by the troubled restaurant chain Chipotle and the other by a hospital chain.  These cases are a constant reminder that discrimination and retaliation are persistent events occurring in our society and t...

Lyft Class Action Settlement – Still Independent Contractors

In 2013, Patrick Cotter filed a misclassification class action lawsuit against Lyft, the ride sharing company.  Mr. Cotter claimed that the company was treating its drivers, of which he was one, as employees instead of independent contractors, but continuing to classify them as the latter in order to save on administr...

Anderson v. Yahoo – Disparate Impact in the Form of Gender Discrimination

An interesting case was filed last week against Yahoo by one of its former editors, Greg Anderson.  Mr. Anderson alleged that Yahoo discriminated against males when it implemented a quarterly performance review system and did not give him the required notice when the company decided to lay off over 500 workers.  The ...

Can Independent Contractors Claim Employee Benefits?

Question: An individual was misclassified by his company for many years as an independent contractor, when in fact he was an employee. Due to the misclassification the individual was not eligible to participate in his company's 401k plan or sign up for health benefits. After ten years of employment, the company laid...

Do you have a whistleblower claim?

Let's suppose you are a good employee. Then you complain to your manager that you discovered that your company has been fraudulently billing the government millions of dollars for services it has never delivered. Suddenly you receive a negative performance review after years of good, positive reviews and raises, or, y...