Violation Case for Employment Termination Policy
Misrepresentation: Employment Termination Violations That Can Result In Serious Court Troubles
There are a large number of state and federal laws that protect workers from being hired and fired under deceitful grounds. Employees who believe an employer has committed fraud must show five things:1 – False representations were made.
2 – Boss knew about the dishonest falsification.
3 – Employer displayed his/her intent to cheat.
4 – Employee accepted information as the truth.
5 – Employee suffered indemnities because of the misrepresentation.
There must be a significant amount of documentation and evidence in hand that support the claim. If documentation proves an employer’s fraud, employees may be awarded damages.
If an employer has been defamed by such accusations by an employee during or after the time he/she is fired, they may file a defamation suit against their former employees. However, employees can take legal action against their former employee if his/her actions have hindered the former employee from obtaining other employment.
In order to prove defamation, employees will need to prove four things:
1 – Employer made false statements.
2 – Employer told another party about the untruthful data.
3 – Employer purposely or negligently leaked the fabricated info.
4 – Deceitful information caused the employee harm.
Employers’ whistle blowing retaliation act as a detachment for violations of public policy with one very important discrepancy: employees who file a false or wrongful complaint are not protected by the law in the majority of cases. Every state has its laws and statutes on whistleblowing protection but, for most cases, claimants are not safe from retribution.
A Look At The Requirements Of Qui Tam Actions
Should you have information about your employer deceiving the federal government, you’ll be able to file a qui tam action with the government. Whatever the action to deceive the federal government in order to make a profit or save money is covered. The government, in the hopes to promote the reporting of criminal activity, permits persons to file a qui tam and collect a percentage of the money recovered, ranging from 15 to 30 percent.
These claims can be made under protection, meaning the person who told will not have his/her name revealed for approximately 60 days. Once a qui tam claim is made, the government will look into it and decide if it’ll continue pursuing the case. If the federal entity chooses to take on the claim, the qui tam claimants can receive some of the recovered money, depending on their involvement to commit the fraud initially. If the government decides not to take action, the claimant has the right to file a private qui tam suit against the employer.