employment attorney Orange County California Whistleblowers
Many California employees contact us to find out if they are entitled to “whistleblower” protection. Both state and federal laws protect persons who report illegal activity by their employers says employment attorney Orange County. To be protected, an employee usually only has to have a “reasonable but mistaken belief” that illegal activity is afoot. In California, whistleblowers are protected by Labor Code 1102.5 which prohibits retaliation against an employee who complains about illegal activity. This is a very tough law for employers to prevail on, since the very next code section (1102.6) provides that the burden of proof is on the employer to prove by clear and convincing evidence that the whistleblowing about illegal activities had nothing to do with the adverse employment action.
According to employment lawyer Orange County, an employee can claim retaliation under the federal qui tam laws, where it is shown that the whistleblower was discharged, demoted, or discriminated against because of lawful acts done in furtherance of a false claims investigation. If the relator basically violates confidentiality and removes tens of thousands of documents indiscriminately, in order to later prove a qui tam case, there will probably be a finding of non-protected activity and the loss of the right to bring a retaliation action under the federal law.
When a whistleblower actually sues his or her former employer on behalf of the government for monies lost by the government, it must be shown that the government was actually defrauded and lost money says employment attorney Oakland. The federal false claim act is found at 31 United State Code 3729. A recent case illustrates some of the differences in “reasonable but mistaken” (sufficient to support a wrongful termination claim) and actual false billings. In this case the plaintiff contended that her employer withheld disclosure of new inventions from the government, stating that the contract with the company provided that the government owned the inventions. As the government would have had the right to license and sell these new inventions, the theory of the employee went, the United States was defrauded by not having that right of sale. Unfortunately for the plaintiff, she was unable to allege that the employer ever sought payment from the government and had not submitted a “false claim”.
Employment attorney San Diego says that false claims take many forms such as fraudulent use of a receipt; unauthorized purchase of government property or use of a “false record or statement” to avoid payment to the government. Another recent case held that a request for reimbursement that falsely implied compliance with federal rules might constitute a false claim. “Reverse false claims” are also actionable. In one such case, the defendant company falsely represented the value of some aircraft metals as “scrap”, whereas in fact it was worth several million dollars. A false claim was properly stated. Finally, it’s important to determine if the false claim was in a “condition of participation” or a “condition of payment”. No false claim is usually stated if the defendant accused of defrauding the govenment is simply falsely certifying compliance (such as non-discrimination) with a federal program or is actually billing falsely.
Financial rewards for whistleblowers can be huge! Under California state laws, up to 30% can be awarded to the whistleblower. Routinely, about 15-20% is awarded in federal false claims actions.
As always, this blog is educational in nature and legal advise can only be given by an experienced attorney in your jurisdiction.
Physician Employment Opportunities For Those Who Don’t Want to Retire
It is said the the retirement times are the golden days in one’s life. But there are many who thinks otherwise. A love for the profession and the zeal to be independent and on their toes often irks people when they count the days of their retirement. Well, this might have been earlier but no longer now. Now there are opportunities to work as locum tenens or take up positions with hospitals and healthcare organizations as per as your preference. Yes, this is possible now. What you just need to do is make up your mind and start applying for physician employment opportunities that comes your way. A good number of companies are helping in this regard by providing a simple job search solution. They have a website where you can register and upload your updated resume for the employer’s perusal. You as the candidate have the liberty too to apply for your choice of opportunity available across various places in the US.
This kind of physician employment opportunities is a welcome change in modern times. For those who are ready to give it a try, this opportunity is free of any burden. This is a total independent opportunity without any kind of bindings on the person. The physician does not have to be grounded to any single healthcare organization or hospital or pay any kind of office overhead charges.
Locum tenens physician employment opportunities come with a certain degree of flexibility. One is that you are your own ruler. The terms of your employment are decided only by you. It is upto you to choose the organization with whom you want to work and the time period as well. This way you get to work with various organizations and make your work profile diverse. This also helps you to find job satisfaction and grow in your profession as well.
Being a part of an independent work profile also helps physicians to make considerable savings on tax deductions. Since you practically work as an independent professional, you can enjoy unreimbursed travel expenses, journal subscriptions and medical license application to mention some.
Opting for such physician employment opportunities is a first step to a retired life which might not be too far behind. Starting early helps as many who have all their lives worked with a single organization, are not aware of the ropes of an independent livelihood. Taking up locum tenens jobs now and then sort of gives a glimpse in what kind of life they could lead post retirement. Plus, the financial benefits are not bad while taking up these without any binding commitments. It totally depends upon you how you manage your finances and how much you can take on your plate.
For those who think that working as independent physicians means lack of commitment, are wrong. Rather, it is the other way round. Not linked to any healthcare organization or hospital means that you have to take responsibility of your own actions, both good and bad. Since you are on your own, no one is stand up for you in troubled times. Considering the fact that all professions come with some kind of high and low, physician employment opportunities as such are not a bad call. Rather if you have the confidence, you can actually be a succesful, confident and independent practitioner without the retirement bug ever biting you.
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