When you become our client, you can relax. We stand ready to use our extensive legal knowledge, our broad experience, our commitment to protect your rights, and to vigorously pursue justice on your behalf. R. Scott Oswald, Principal Adam Augustine Carter, Principal Nicholas Woodfield, Principal Jason Zuckerman, Principal Dave Scher, Principal David H. Martin, Of Counsel Subhashini Bollini, Associate Tom Harrington, Associate Cynthia Smith, Associate Michael Vogelsang, Associate Kellee Kruse, Associate
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Call The Employment Law Group law firm, in Washington, DC, if you have been a victim of workplace discrimination or harassment, or have experienced other violations of your civil rights. Our seasoned trial attorneys have earned an enviable record of favorable settlements and verdicts on behalf of our clients. We take great pride in our reputation as aggressive litigators and persuasive negotiators. Toll Free: 888-603-0983 Phone: 202-331-3911 Fax: 202-261-2835
Tuesday, September 28, 2010
Saturday, September 25, 2010
The Employemnt Law Group H1N1 Virus (Swine Flu) and the Family Medical Leave Act
H1N1 Virus (Swine Flu) and the Family Medical Leave Act
The H1N1 virus, perhaps better known as the Swine Flu, has been rapidly spreading throughout the world and has received a tremendous amount of media coverage. Some of the more severe symptoms are fever, body aches, vomiting, and diarrhea. Like the regular flu, the severity of symptoms varies by individual. For most, the sickness is mild and passes in a few days. However, for some individuals, the symptoms can last much longer, be more severe, and even fatal.
Individuals forced to miss work due to this virus, either because they caught it or a family member caught it, should be aware that the protections of the Family Medical Leave Act (FMLA) may apply. The FMLA permits an employee to take unpaid leave without risk of being fired or discriminated against because they request or take family medical leave.
Employees Covered Under the FMLA
Employees are eligible to take FMLA leave if the employee:
1. Worked for the employer for at least 12 months;
2. Worked for the employer for at least 1,250 hours during the previous 12 month period before the leave; and
3. Works at a location with at least 50 employees who are employed by the employer within 75 miles of that location.
For an eligible employee to qualify for unpaid leave, the illness must be classified as a “serious health condition.” There are several factors that can be used to determine if the illness is sufficient to trigger FMLA protections, but generally you must be incapacitated for three or more full, consecutive days and be seen by a health care professional two or more times for the illness. For most people, the flu will not qualify for FMLA coverage. However, courts have held that if severe enough, FMLA protections apply to the flu. See e.g., Miller v. AT & T Corp., 250 F.3d 820 (4th Cir. 2001).
http://www.the-employment-lawgroup.com
http://www.employmentlawgroup.com
The H1N1 virus, perhaps better known as the Swine Flu, has been rapidly spreading throughout the world and has received a tremendous amount of media coverage. Some of the more severe symptoms are fever, body aches, vomiting, and diarrhea. Like the regular flu, the severity of symptoms varies by individual. For most, the sickness is mild and passes in a few days. However, for some individuals, the symptoms can last much longer, be more severe, and even fatal.
Individuals forced to miss work due to this virus, either because they caught it or a family member caught it, should be aware that the protections of the Family Medical Leave Act (FMLA) may apply. The FMLA permits an employee to take unpaid leave without risk of being fired or discriminated against because they request or take family medical leave.
Employees Covered Under the FMLA
Employees are eligible to take FMLA leave if the employee:
1. Worked for the employer for at least 12 months;
2. Worked for the employer for at least 1,250 hours during the previous 12 month period before the leave; and
3. Works at a location with at least 50 employees who are employed by the employer within 75 miles of that location.
For an eligible employee to qualify for unpaid leave, the illness must be classified as a “serious health condition.” There are several factors that can be used to determine if the illness is sufficient to trigger FMLA protections, but generally you must be incapacitated for three or more full, consecutive days and be seen by a health care professional two or more times for the illness. For most people, the flu will not qualify for FMLA coverage. However, courts have held that if severe enough, FMLA protections apply to the flu. See e.g., Miller v. AT & T Corp., 250 F.3d 820 (4th Cir. 2001).
http://www.the-employment-lawgroup.com
http://www.employmentlawgroup.com
Thursday, September 23, 2010
The Employment Law Group® law firm Proven Leaders in Employment Law
Getting fired, being refused a promotion you worked hard to deserve, not getting paid for regular time or overtime hours you have worked, being denied a benefit claim by your employer, being retaliated against for whistleblowing or being subject to harassment or discrimination in the workplace can be a violation of state and federal employment laws. State and federal law extends many rights, privileges, and protections to employers, but never at the expense of employees who may suffer illegal abuses or injustices in the name of profits.
The Employment Law Group® law firm is one of the Washington, DC, area’s premier employment law firms. The firm’s attorneys have a collective 70 plus years of experience. We represent people in the Washington, DC, metropolitan area, northern Virginia, and Maryland who have legal claims against employers who disregard federal and state wage and employment laws, and we represent people from all over the United States and around the world in EEOC, Sarbanes-Oxley and other whistleblower protection cases against the federal government and publicly held U.S. corporations.
http://www.the-employment-lawgroup.com
http://www.employmentlawgroup.com
The Employment Law Group® law firm is one of the Washington, DC, area’s premier employment law firms. The firm’s attorneys have a collective 70 plus years of experience. We represent people in the Washington, DC, metropolitan area, northern Virginia, and Maryland who have legal claims against employers who disregard federal and state wage and employment laws, and we represent people from all over the United States and around the world in EEOC, Sarbanes-Oxley and other whistleblower protection cases against the federal government and publicly held U.S. corporations.
http://www.the-employment-lawgroup.com
http://www.employmentlawgroup.com
Wednesday, September 22, 2010
The Employment Law Group DC Whistleblower Protection Act
DC Whistleblower Protection Act
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The attorneys at The Employment Law Group® law firm have substantial experience litigating high-profile retaliation claims under the D.C. Whistleblower Protection Act (WPA). In 2009, The Employment Law Group® secured a jury verdict of over $282,000 on behalf of a former program director who blew the whistle on fraud in a federally-funded education program. This is one of the largest awards under the D.C. WPA.
What laws protect Whistleblowers employed by D.C. Government Agencies or Contractors?
The D.C. Whistleblower Protection Act (WPA) forbids a supervisor from retaliating or threatening to retaliate against an employee of the D.C. government or an employee of a D.C. government contractor because of the employee's protected disclosure or refusal to comply with an illegal order. Employees who suffer retaliation because of their protected disclosures or refusal to obey illegal orders may bring a cause of action in the D.C. Superior Court within one year of the prohibited personnel action.
What activities are protected?
For employees in the public sector, "protected disclosure" means any disclosure of information not specifically prohibited by statute, by any employee to a supervisor or a public body that the employee reasonably believes evidences:
1. Gross mismanagement;
2. Gross misuse or waste of public resources or funds;
3. Abuse of authority in connection with the administration of a public program or the execution of a public contract;
4. A violation of any federal, state, or local law, rule, or regulation;
5. A violation of any significant contractual terms between the District government and a District government contractor; or
6. A substantial and specific danger to the public health, safety, or protection of the environment.
What must a plaintiff prove to prevail?
To prevail in a WPA case, an employee must establish by a preponderance of the evidence that his refusal to comply with an illegal order or his protected disclosure was a contributing factor to an employing agency's decision to take a prohibited personnel action.
What is the employer's burden of proof?
If a plaintiff successfully proves by a preponderance of the evidence that his protected activity was a contributing factor in the employer's decision to take prohibited personnel action, the employing agency must prove by clear and convincing evidence that it would have taken the personnel action if the employee had not engaged in protected conduct.
What can a prevailing plaintiff recover?
The WPA authorizes injunctive relief, reinstatement, restoration of lost benefits, back pay for lost wages, compensatory damages, and litigation costs including attorney's fees, to a prevailing employee.
What are the District Employee's rights under the WPA?
District employees have the right to:
1. Freely express opinions on public issues;
2. Communicate with members of D.C. Council;
3. Assemble in public places to discuss matters of personal and public interest;
4. Humane, dignified, and reasonable conditions of employment; and
5. Individual privacy.
What are the responsibilities of District Employees, Supervisors, and Agencies under the WPA?
Supervisors and employees are obligated to disclose illegal activity as soon as they become aware of such activity. If a supervisor fails to disclose such activity, the supervisor will be subject to disciplinary action. Additionally, if a supervisor retaliates against an employee because an employee engaged in protected conduct, the agency must take disciplinary action against the supervisor.
http://www.the-employment-lawgroup.com
http://www.employmentlawgroup.com
--------------------------------------------------------------------------------
The attorneys at The Employment Law Group® law firm have substantial experience litigating high-profile retaliation claims under the D.C. Whistleblower Protection Act (WPA). In 2009, The Employment Law Group® secured a jury verdict of over $282,000 on behalf of a former program director who blew the whistle on fraud in a federally-funded education program. This is one of the largest awards under the D.C. WPA.
What laws protect Whistleblowers employed by D.C. Government Agencies or Contractors?
The D.C. Whistleblower Protection Act (WPA) forbids a supervisor from retaliating or threatening to retaliate against an employee of the D.C. government or an employee of a D.C. government contractor because of the employee's protected disclosure or refusal to comply with an illegal order. Employees who suffer retaliation because of their protected disclosures or refusal to obey illegal orders may bring a cause of action in the D.C. Superior Court within one year of the prohibited personnel action.
What activities are protected?
For employees in the public sector, "protected disclosure" means any disclosure of information not specifically prohibited by statute, by any employee to a supervisor or a public body that the employee reasonably believes evidences:
1. Gross mismanagement;
2. Gross misuse or waste of public resources or funds;
3. Abuse of authority in connection with the administration of a public program or the execution of a public contract;
4. A violation of any federal, state, or local law, rule, or regulation;
5. A violation of any significant contractual terms between the District government and a District government contractor; or
6. A substantial and specific danger to the public health, safety, or protection of the environment.
What must a plaintiff prove to prevail?
To prevail in a WPA case, an employee must establish by a preponderance of the evidence that his refusal to comply with an illegal order or his protected disclosure was a contributing factor to an employing agency's decision to take a prohibited personnel action.
What is the employer's burden of proof?
If a plaintiff successfully proves by a preponderance of the evidence that his protected activity was a contributing factor in the employer's decision to take prohibited personnel action, the employing agency must prove by clear and convincing evidence that it would have taken the personnel action if the employee had not engaged in protected conduct.
What can a prevailing plaintiff recover?
The WPA authorizes injunctive relief, reinstatement, restoration of lost benefits, back pay for lost wages, compensatory damages, and litigation costs including attorney's fees, to a prevailing employee.
What are the District Employee's rights under the WPA?
District employees have the right to:
1. Freely express opinions on public issues;
2. Communicate with members of D.C. Council;
3. Assemble in public places to discuss matters of personal and public interest;
4. Humane, dignified, and reasonable conditions of employment; and
5. Individual privacy.
What are the responsibilities of District Employees, Supervisors, and Agencies under the WPA?
Supervisors and employees are obligated to disclose illegal activity as soon as they become aware of such activity. If a supervisor fails to disclose such activity, the supervisor will be subject to disciplinary action. Additionally, if a supervisor retaliates against an employee because an employee engaged in protected conduct, the agency must take disciplinary action against the supervisor.
http://www.the-employment-lawgroup.com
http://www.employmentlawgroup.com
Monday, September 20, 2010
The Employment Law Group Tax Fraud Whistleblower Protection
Tax Fraud Whistleblower Protection
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The attorneys at The Employment Law Group® law firm have experience representing whistleblowers in disclosing federal tax fraud or underpayments.
IRS Whistleblower Reward Program
Under the IRS Whistleblower Reward Program, an individual who exposes tax fraud can receive an award ranging from 15% to 30% of the proceeds recovered by the IRS. To qualify for an award, the tax, penalties, interest, additions to tax, and additional amounts in dispute must exceed $2,000,000 and, if the allegedly noncompliant person is an individual, the individual’s gross income must exceed $200,000.
After the IRS completes an investigation, the Whistleblower Office will issue a final determination regarding the whistleblower’s award amount. If the whistleblower feels that the award does not adequately reflect his or her whistleblower contributions, the whistleblower may appeal the IRS’s decision to the Tax Court within 30 days.
What protection is available for the Tax Fraud Whistleblower?
The IRS will maintain the confidentiality of the whistleblower’s identity throughout the initial investigation process. If however, the whistleblower’s testimony is needed in a judicial proceeding to further the IRS’ investigation, the whistleblower’s identity may be revealed.
What types of Activities are Considered Tax Fraud?
Examples of tax fraud or evasion include:
1. Deliberately underreporting or omitting income;
2. Claiming false deductions;
3. Hiding or transferring assets or income;
4. Overstating the amount of deductions;
5. Making false entries in records;
6. Failing to report income earned in a stock exchange;
7. Maintaining two sets of books;
8. Misusing trusts; and
9. Abusing charitable deductions.
Timeframe for Filing an IRS Whistleblower Disclosure
The statute of limitations for making a disclosure under the IRS Whistleblower Reward Program is three years from the time the tax return was filed, but if the disclosure concerns an omission in excess of 25% of the gross income stated in a tax return filed with the IRS, the statute of limitations extends to six years. The statute of limitations does not apply where a false or fraudulent tax return was filed with the intent to commit tax evasion.
Duration of IRS Investigations
IRS investigations can take years to complete but a detailed disclosure can shorten the process. Payment of awards will not be made until there is a final determination of the tax liability that is owed to the IRS and the owed funds are collected by the IRS.
What Types of Disclosures Will Result in a Whistleblower Reward?
A disclosure is more likely to result in an award if it includes documentation of fraudulent transactions, a solid paper trail, and detailed evidence demonstrating tax fraud. Disclosures that are speculative or lack concrete evidence of tax underpayment may not result in a whistleblower award. Where two whistleblowers disclose the same fraud, the whistleblower who made the original disclosures will receive the award.
http://www.the-employment-lawgroup.com
http://www.employmentlawgroup.com
--------------------------------------------------------------------------------
The attorneys at The Employment Law Group® law firm have experience representing whistleblowers in disclosing federal tax fraud or underpayments.
IRS Whistleblower Reward Program
Under the IRS Whistleblower Reward Program, an individual who exposes tax fraud can receive an award ranging from 15% to 30% of the proceeds recovered by the IRS. To qualify for an award, the tax, penalties, interest, additions to tax, and additional amounts in dispute must exceed $2,000,000 and, if the allegedly noncompliant person is an individual, the individual’s gross income must exceed $200,000.
After the IRS completes an investigation, the Whistleblower Office will issue a final determination regarding the whistleblower’s award amount. If the whistleblower feels that the award does not adequately reflect his or her whistleblower contributions, the whistleblower may appeal the IRS’s decision to the Tax Court within 30 days.
What protection is available for the Tax Fraud Whistleblower?
The IRS will maintain the confidentiality of the whistleblower’s identity throughout the initial investigation process. If however, the whistleblower’s testimony is needed in a judicial proceeding to further the IRS’ investigation, the whistleblower’s identity may be revealed.
What types of Activities are Considered Tax Fraud?
Examples of tax fraud or evasion include:
1. Deliberately underreporting or omitting income;
2. Claiming false deductions;
3. Hiding or transferring assets or income;
4. Overstating the amount of deductions;
5. Making false entries in records;
6. Failing to report income earned in a stock exchange;
7. Maintaining two sets of books;
8. Misusing trusts; and
9. Abusing charitable deductions.
Timeframe for Filing an IRS Whistleblower Disclosure
The statute of limitations for making a disclosure under the IRS Whistleblower Reward Program is three years from the time the tax return was filed, but if the disclosure concerns an omission in excess of 25% of the gross income stated in a tax return filed with the IRS, the statute of limitations extends to six years. The statute of limitations does not apply where a false or fraudulent tax return was filed with the intent to commit tax evasion.
Duration of IRS Investigations
IRS investigations can take years to complete but a detailed disclosure can shorten the process. Payment of awards will not be made until there is a final determination of the tax liability that is owed to the IRS and the owed funds are collected by the IRS.
What Types of Disclosures Will Result in a Whistleblower Reward?
A disclosure is more likely to result in an award if it includes documentation of fraudulent transactions, a solid paper trail, and detailed evidence demonstrating tax fraud. Disclosures that are speculative or lack concrete evidence of tax underpayment may not result in a whistleblower award. Where two whistleblowers disclose the same fraud, the whistleblower who made the original disclosures will receive the award.
http://www.the-employment-lawgroup.com
http://www.employmentlawgroup.com
Saturday, September 18, 2010
The Employment Law Group Feedbacks
"The Employment Law Group
has performed with urgent professionalism. Their research
and preparation was extremely thorough, and all my
questions were answered
within 24 hours."
"I have used The Employment
Law Group twice and have
always been amazed with the degree to which The Employment Law Group mastered minute details."
"The Employment Law Group provides professionalism, empathy, and results."
"The attorneys at
The Employment Law Group
are warm and generous people
who will go to great lengths
to help."
"I have never regretted my decision to rely on The Employment Law Group to represent me in what was one of the most important events in my lifetime."
"There will always be many thanks from my family to The Employment Law Group for years to come."
"The Employment Law Group represented my interests professionally and competently."
"The Employment Law Group was able to achieve my desired results in a timely and proficient manner."
http://www.the-employment-lawgroup.com
http://www.employmentlawgroup.com
has performed with urgent professionalism. Their research
and preparation was extremely thorough, and all my
questions were answered
within 24 hours."
"I have used The Employment
Law Group twice and have
always been amazed with the degree to which The Employment Law Group mastered minute details."
"The Employment Law Group provides professionalism, empathy, and results."
"The attorneys at
The Employment Law Group
are warm and generous people
who will go to great lengths
to help."
"I have never regretted my decision to rely on The Employment Law Group to represent me in what was one of the most important events in my lifetime."
"There will always be many thanks from my family to The Employment Law Group for years to come."
"The Employment Law Group represented my interests professionally and competently."
"The Employment Law Group was able to achieve my desired results in a timely and proficient manner."
http://www.the-employment-lawgroup.com
http://www.employmentlawgroup.com
Thursday, September 16, 2010
The Employment Law Group USERRA / Veterans Representation
The Employment Law Group USERRA / Veterans Representation
The attorneys at The Employment Law Group® law firm have significant experience representing service members. Uniformed Services Employment and Reemployment Rights Act The Uniformed Services Employment and Reemployment Rights Act (“USERRA”) is a federal law that provides reemployment rights to returning veterans and other members of uniformed services. Under USERRA, an individual who leaves his or her civilian job for military service is entitled to return to the job with accrued seniority if he or she satisfies the eligibility requirements set forth under USERRA.
http://www.employmentlawgroup.com
http://www.the-employment-lawgroup.com
The attorneys at The Employment Law Group® law firm have significant experience representing service members. Uniformed Services Employment and Reemployment Rights Act The Uniformed Services Employment and Reemployment Rights Act (“USERRA”) is a federal law that provides reemployment rights to returning veterans and other members of uniformed services. Under USERRA, an individual who leaves his or her civilian job for military service is entitled to return to the job with accrued seniority if he or she satisfies the eligibility requirements set forth under USERRA.
http://www.employmentlawgroup.com
http://www.the-employment-lawgroup.com
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