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TURNING EMPLOYER WRONGS INTO EMPLOYEE RIGHTS

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Union Member with False Claims Information

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 considered “good cause” to get fired for reporting to the government. However, numerous employers have justified termination in these cases based on violation of corporate policy, theft of trade secrets or other propriety information, or just plain insubordination. A grievance may well resolve the case in favor of the employee.

However, the cost of allowing the union to proceed with a grievance without first contacting a whistle blower attorney can be very, very costly. Its important to be the “original source” to the government of false claims information. That means your false claim information must be the original source from which the government finds out about the fraud on the public treasury. Telling the union or any other person before informing the government may result in you not being the original source. Given the short window period in which to report the adverse job action (Iusually a termination but oft-times a demotion or transfer to the South Forty), legal advise should be sought promptly.

We represent California employees who blow the whistle, are victims of age, sex, race, national origin, or physical or mental condition discrimination. We are proud of our whistle blowing clients who have stood up for what is right and have not been afraid to commit the truth!