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
--------------------------------------------------------------------------------
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.
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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.
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Sunday, September 12, 2010
The Employment Law Group Immigration and Nationality Representation
Immigration and Nationality Representation
The Employment Law Group® law firm is a full service immigration and nationality law firm. It is our goal to provide our clients with the best possible legal services in solving their immigration challenges. Our attorneys represent foreign nationals before the Department of Homeland Security nationwide, before the Department of State in 21 countries, and in the United States federal courts.
http://www.the-employment-lawgroup.com
The Employment Law Group® law firm is a full service immigration and nationality law firm. It is our goal to provide our clients with the best possible legal services in solving their immigration challenges. Our attorneys represent foreign nationals before the Department of Homeland Security nationwide, before the Department of State in 21 countries, and in the United States federal courts.
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Thursday, September 9, 2010
The Employment Law Group About The Firm
The Employment Law Group® law firm, serves people in Washington, D.C., Virginia and Maryland who have been victims of discrimination, harassment, or other violations of their civil rights. Our seasoned trial attorneys have earned a highly desirable record of favorable settlements and verdicts on behalf of our clients.
http://www.the-employment-lawgroup.com
http://www.the-employment-lawgroup.com
Thursday, September 2, 2010
OSHA Publishes Interim Final Rules For Filing Whistleblower Complaints
OSHA Publishes Interim Final Rules For Filing Whistleblower Complaints
OSHA announced its new interim final rules for filing whistleblower complaints and invited the public to submit comments. In a news release, OSHA stated:
“When workers believe their employers are violating certain laws or government regulations, they have the right to file a complaint and should not fear retaliation. Silenced workers are not safe workers,” said Assistant Secretary of Labor for OSHA David Michaels. “Changes in the whistleblower provisions make good on the promise to stand by those workers who have the courage to come forward when they believe their employer is violating the law and cutting corners on a variety of safety, health and security concerns in the affected industries.”
The regulations, which cover workers filing complaints in the railroad, public transit, commercial motor carrier, and consumer product industries, also create greater consistency among various OSHA complaint procedures. The interim final rules establish procedures and time frames for handling complaints under the whistleblower sections of the Implementing Recommendations of the 9/11 Commission Act of 2007 and the Consumer Product Safety Improvement Act of 2008.
For more information about the firm’s Whistleblower Law Practice, click here.
http://employmentlawgroupblog.com/
http://www.the-employment-lawgroup.com
OSHA announced its new interim final rules for filing whistleblower complaints and invited the public to submit comments. In a news release, OSHA stated:
“When workers believe their employers are violating certain laws or government regulations, they have the right to file a complaint and should not fear retaliation. Silenced workers are not safe workers,” said Assistant Secretary of Labor for OSHA David Michaels. “Changes in the whistleblower provisions make good on the promise to stand by those workers who have the courage to come forward when they believe their employer is violating the law and cutting corners on a variety of safety, health and security concerns in the affected industries.”
The regulations, which cover workers filing complaints in the railroad, public transit, commercial motor carrier, and consumer product industries, also create greater consistency among various OSHA complaint procedures. The interim final rules establish procedures and time frames for handling complaints under the whistleblower sections of the Implementing Recommendations of the 9/11 Commission Act of 2007 and the Consumer Product Safety Improvement Act of 2008.
For more information about the firm’s Whistleblower Law Practice, click here.
http://employmentlawgroupblog.com/
http://www.the-employment-lawgroup.com
Wednesday, September 1, 2010
Virginia Judge Voids Non-compete, Enforces Non-solicitation Provision in Employment Agreement
Virginia Judge Voids Non-compete, Enforces Non-solicitation Provision in Employment Agreement
Settling the dispute between IT professionals and their former employer in Daston Corp. v. MiCore Solutions, Inc., Fairfax Circuit Judge Michael F. Devine held a non-compete provision in an employment agreement void while also holding the agreement’s non-solicitation provision enforceable. The judge found the non-compete too broad, because it prohibits the IT professionals from providing their cloud computing services to anyone in the United States for one year following termination. However, the judge found the non-solict to be no broader than necessary for protecting the employer’s “legitimate business interest,” because it merely limited the solicitation of the employer’s prior and current clients for two years.
For information about The Employment Law Group® law firm and Non-Compete Litigation, click here.
http://www.the-employment-lawgroup.com
http://www.employmentlawgroup.com
Settling the dispute between IT professionals and their former employer in Daston Corp. v. MiCore Solutions, Inc., Fairfax Circuit Judge Michael F. Devine held a non-compete provision in an employment agreement void while also holding the agreement’s non-solicitation provision enforceable. The judge found the non-compete too broad, because it prohibits the IT professionals from providing their cloud computing services to anyone in the United States for one year following termination. However, the judge found the non-solict to be no broader than necessary for protecting the employer’s “legitimate business interest,” because it merely limited the solicitation of the employer’s prior and current clients for two years.
For information about The Employment Law Group® law firm and Non-Compete Litigation, click here.
http://www.the-employment-lawgroup.com
http://www.employmentlawgroup.com
Tuesday, August 31, 2010
Judge Rules D.C. Whistleblower Protection Act Amendment Retroactive
Judge Rules D.C. Whistleblower Protection Act Amendment Retroactive
According to the Government Accountability Project’s blog, D.C. Superior Court Judge Leonard Braman held that a recent amendment to the D.C. Whistleblower Protection Act (WPA) exempting whistleblowers from the requirement of notifying the District of a claim within six months of the adverse employment action should apply retroactively. Therefore, the notice requirement in D.C. Code §12-309 will not bar relief in pending D.C. WPA claims.
For information on The Employment Law Group® law firm’s Whistleblower Practice, click here.
According to the Government Accountability Project’s blog, D.C. Superior Court Judge Leonard Braman held that a recent amendment to the D.C. Whistleblower Protection Act (WPA) exempting whistleblowers from the requirement of notifying the District of a claim within six months of the adverse employment action should apply retroactively. Therefore, the notice requirement in D.C. Code §12-309 will not bar relief in pending D.C. WPA claims.
For information on The Employment Law Group® law firm’s Whistleblower Practice, click here.
Monday, August 30, 2010
The lawyers of The Employment Law Group® have many decades of experience
The lawyers of The Employment Law Group® have many decades of experience representing people who have been wronged by current or potential employers.
● Were you were terminated without adequate cause?
● Do you believe that you failed to earn a job or promotion based on age, sex, religious, or racial discrimination?
● Do you want legal representation as you negotiate an employment contract or Federal background checks?
● Have you witnessed illegal or dangerous activity at work that you feel duty-bound to expose?
If you answered yes to any of the questions above, your next step is to talk to a lawyer. Employment law is a complicated area of legal practice, and our attorneys have built reputations as some of the most able specialists in the area.
The Employment Law Group®'s (TELG) offices are located in Washington DC, and we regularly represent clients in the DC Metropolitan area, Northern Virginia, and Maryland.
While many large Washington DC law firms have an "employment law group", TELG focuses completely on the rights of employees.
Government organizations and large corporations have teams of lawyers on staff to protect themselves.
Whether you hire The Employment Law Group®, or another reputable employment firm, you should have an attorney representing your rights as soon you feel that there may be a problem.
More information can be found online at http://www.the-employment-lawgroup.com
● Were you were terminated without adequate cause?
● Do you believe that you failed to earn a job or promotion based on age, sex, religious, or racial discrimination?
● Do you want legal representation as you negotiate an employment contract or Federal background checks?
● Have you witnessed illegal or dangerous activity at work that you feel duty-bound to expose?
If you answered yes to any of the questions above, your next step is to talk to a lawyer. Employment law is a complicated area of legal practice, and our attorneys have built reputations as some of the most able specialists in the area.
The Employment Law Group®'s (TELG) offices are located in Washington DC, and we regularly represent clients in the DC Metropolitan area, Northern Virginia, and Maryland.
While many large Washington DC law firms have an "employment law group", TELG focuses completely on the rights of employees.
Government organizations and large corporations have teams of lawyers on staff to protect themselves.
Whether you hire The Employment Law Group®, or another reputable employment firm, you should have an attorney representing your rights as soon you feel that there may be a problem.
More information can be found online at http://www.the-employment-lawgroup.com
Saturday, August 28, 2010
The employment Law Work TELG Amendment Retroactive
Amendment Retroactive
According to the Government Accountability Project’s blog, D.C. Superior Court Judge Leonard Braman held that a recent amendment to the D.C. Whistleblower Protection Act (WPA) exempting whistleblowers from the requirement of notifying the District of a claim within six months of the adverse employment action should apply retroactively. Therefore, the notice requirement in D.C. Code §12-309 will not bar relief in pending D.C. WPA claims.
For information on The Employment Law Group® law firm’s Whistleblower Practice, click here.
http://www.Employmentlawgroup.net
According to the Government Accountability Project’s blog, D.C. Superior Court Judge Leonard Braman held that a recent amendment to the D.C. Whistleblower Protection Act (WPA) exempting whistleblowers from the requirement of notifying the District of a claim within six months of the adverse employment action should apply retroactively. Therefore, the notice requirement in D.C. Code §12-309 will not bar relief in pending D.C. WPA claims.
For information on The Employment Law Group® law firm’s Whistleblower Practice, click here.
http://www.Employmentlawgroup.net
Thursday, August 26, 2010
The Employment Law Group law firm Join our team
The Employment Law Group law firm is a boutique employment law firm, representing public- and private-sector executives and employees in multiple practice areas including under the Whistleblower Protection Act, Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act, the Sarbanes-Oxley Act, the Uniformed Services Employment and Reemployment Rights Act, the False Claims Act, the Age Discrimination in Employment Act, Family and Medical Leave Act, and the Americans with Disabilities Act.
We strive to create an enriching and rewarding work environment where our employees can learn, develop and hone litigation and trial capabilities. The Employment Law Group® law firm thrives on collaboration, creating a work environment where ideas are encouraged and respected.
The Employment Law Group® law firm’s Legal Assistants are all evening division law students who supplement and amplify their legal education with practical, hands-on experience in the legal arena. Our Legal Assistants are able to observe the practice of law, and they begin learning how to litigate and try cases in state and federal court. Under the supervision of our attorneys, legal assistants provide support through every stage of litigation. They are given many responsibilities including researching complex legal issues, assisting on preliminary drafts of pleadings and motions, and assisting with witness preparation. Legal Assistants learn how to interact with clients and are often given the opportunity to attend hearings and trials with The Employment Law Group® law firm’s attorneys.
The Employment Law Group® law firm recruits talented professionals to join us as litigation legal assistants. This position involves extensive research, writing, client contact, and case management. Ideal candidates are hard-working, detail-oriented, and organized with excellent legal writing skills. If you are interested in joining The Employment Law Group® law firm, please click the "Apply Now" link below.
Apply Now
When applying, please submit the following documents:
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http://www.Employmentlawgroup.net
We strive to create an enriching and rewarding work environment where our employees can learn, develop and hone litigation and trial capabilities. The Employment Law Group® law firm thrives on collaboration, creating a work environment where ideas are encouraged and respected.
The Employment Law Group® law firm’s Legal Assistants are all evening division law students who supplement and amplify their legal education with practical, hands-on experience in the legal arena. Our Legal Assistants are able to observe the practice of law, and they begin learning how to litigate and try cases in state and federal court. Under the supervision of our attorneys, legal assistants provide support through every stage of litigation. They are given many responsibilities including researching complex legal issues, assisting on preliminary drafts of pleadings and motions, and assisting with witness preparation. Legal Assistants learn how to interact with clients and are often given the opportunity to attend hearings and trials with The Employment Law Group® law firm’s attorneys.
The Employment Law Group® law firm recruits talented professionals to join us as litigation legal assistants. This position involves extensive research, writing, client contact, and case management. Ideal candidates are hard-working, detail-oriented, and organized with excellent legal writing skills. If you are interested in joining The Employment Law Group® law firm, please click the "Apply Now" link below.
Apply Now
When applying, please submit the following documents:
Cover Letter
Resume
Unofficial Transcript
Recent Writing Sample
http://www.Employmentlawgroup.net
Wednesday, August 25, 2010
The Employment Law Group Big Reward Potential Likely to Lure More Whistleblowers to the SEC
According to Time, the new SEC whistleblower reward program established by the Dodd-Frank Act will likely lead to a substantial increase in the reporting of fraud and other wrongdoing by public companies to the SEC. Under the previous SEC reward program, the SEC granted rewards between 0% and 10% to whistleblowers at the SEC’s discretion. Under the Dodd-Frank Act, the SEC is now required to grant a reward between 10% and 30% to each whistleblower providing original information leading to a sanction that exceeds $1 million.
For information about The Employment Law Group® law firm’s SEC Whistleblower Practice, click here.
For information about The Employment Law Group® law firm’s SEC Whistleblower Practice, click here.
Tuesday, August 24, 2010
The Employment Law Group Disability Discrimination
The attorneys at The Employment Law Group® law firm have experience representing employees who have been discriminated against because of their disabilities.
The Americans with Disabilities Act (ADA) prohibits employers, employment agencies and labor unions from discriminating against an employee because of the employee's disability.
Under the ADA, an employee is disabled if the employee has or is perceived to have a physical or mental impairment that substantially limits one or more major life activities, such as walking, hearing, sitting, standing, and breathing. In addition, the ADA protects employees who are "regarded as" disabled. The ADA protects "qualified individuals," i.e., employees who can perform the essential functions of a job with or without reasonable accommodations. Reasonable accommodations may include:
Making existing facilities used by employees readily accessible to and usable by individuals with disabilities;
Restructuring jobs;
Modifying work schedules;
Adjusting or modifying equipment, examinations or training material; or
Providing qualified readers or interpreters.
The ADA requires an employer to make such reasonable accommodations for disabled employees unless doing so would impose an undue hardship.
Disability Discrimination claims under the ADA Amendments Act of 2008
The ADA Amendments Act of 2008 ("ADAAA") which goes into effect on January 1, 2009, strengthens the ADA by eliminating loopholes created by various court decisions and broadens the scope of protection. In particular, the ADAAA amends the ADA as follows:
Expands the phrase "major life activity" to include major bodily functions such as functions of the nervous, urinary and circulatory systems;
Clarifies that an employee asserting that she was discriminated against because she was "regarded as" disabled need only prove that she was discriminated against because of an actual or perceived impairment;
Removes the effects of mitigating measures in determining whether an individual has a disability; and
Clarifies that an impairment that is episodic or in remission is an ADA disability if it limits a major life activity when the impairment is active.
What can a prevailing employee recover?
A prevailing employee can recover back pay, compensatory damages, and attorney fees. In addition, punitive damages are available if an employee demonstrates that his employer engaged in a discriminatory practice with malice or reckless indifference to the employee's federally protected rights.
Http://www.employmentlawgroup.net
The Americans with Disabilities Act (ADA) prohibits employers, employment agencies and labor unions from discriminating against an employee because of the employee's disability.
Under the ADA, an employee is disabled if the employee has or is perceived to have a physical or mental impairment that substantially limits one or more major life activities, such as walking, hearing, sitting, standing, and breathing. In addition, the ADA protects employees who are "regarded as" disabled. The ADA protects "qualified individuals," i.e., employees who can perform the essential functions of a job with or without reasonable accommodations. Reasonable accommodations may include:
Making existing facilities used by employees readily accessible to and usable by individuals with disabilities;
Restructuring jobs;
Modifying work schedules;
Adjusting or modifying equipment, examinations or training material; or
Providing qualified readers or interpreters.
The ADA requires an employer to make such reasonable accommodations for disabled employees unless doing so would impose an undue hardship.
Disability Discrimination claims under the ADA Amendments Act of 2008
The ADA Amendments Act of 2008 ("ADAAA") which goes into effect on January 1, 2009, strengthens the ADA by eliminating loopholes created by various court decisions and broadens the scope of protection. In particular, the ADAAA amends the ADA as follows:
Expands the phrase "major life activity" to include major bodily functions such as functions of the nervous, urinary and circulatory systems;
Clarifies that an employee asserting that she was discriminated against because she was "regarded as" disabled need only prove that she was discriminated against because of an actual or perceived impairment;
Removes the effects of mitigating measures in determining whether an individual has a disability; and
Clarifies that an impairment that is episodic or in remission is an ADA disability if it limits a major life activity when the impairment is active.
What can a prevailing employee recover?
A prevailing employee can recover back pay, compensatory damages, and attorney fees. In addition, punitive damages are available if an employee demonstrates that his employer engaged in a discriminatory practice with malice or reckless indifference to the employee's federally protected rights.
Http://www.employmentlawgroup.net
Monday, August 23, 2010
The Employment Law Group Whistleblower Retaliation Protection for Congressional Staff Languishes in Senate Committee
According to an article in Politico, the Congressional Whistleblower Protection Act introduced by Senators Chuck Grassley (R-Iowa) and Claire McCaskill (D-Missouri) has yet to be reported to the full Senate and continues to languish in the Committee on Homeland Security and Government Affairs. Similar to the Whistleblower Protection Act which protects most federal employees who blow the whistle on illegal activity from retaliation, the Congressional Whistleblower Protection Act would extend the same retaliation protection to congressional staff who report illegal activity occurring within Congress.
For more information about the firm’s Whistleblower Law Practice, click here.
http://wwww.employmentlawgroup.net
For more information about the firm’s Whistleblower Law Practice, click here.
http://wwww.employmentlawgroup.net
Wednesday, August 18, 2010
The Employment Law Group TELG Dodd-Frank Whistleblower Provisions Are Expected to Generate Increase in Whistleblower Litigation
Dodd-Frank Whistleblower Provisions Are Expected to Generate Increase in Whistleblower Litigation
According to an article in The Washington Post, the whistleblower provisions of the Dodd-Frank Act (DFA), which provide a substantial incentive to report financial fraud, are expected to generate a substantial increase in whistleblower litigation. The DFA requires the SEC and Commodity Futures Trading Commission (CFTC) to provide a financial reward to whistleblowers who provide original information leading to monetary sanctions that in excess of $1 million. The law also prohibits employers from retaliating against whistleblowers.
For information about The Employment Law Group® law firm’s SEC Whistleblower Practice and Derivatives Whistleblower Practice, click here.
http://www.employmentlawgroup.net
According to an article in The Washington Post, the whistleblower provisions of the Dodd-Frank Act (DFA), which provide a substantial incentive to report financial fraud, are expected to generate a substantial increase in whistleblower litigation. The DFA requires the SEC and Commodity Futures Trading Commission (CFTC) to provide a financial reward to whistleblowers who provide original information leading to monetary sanctions that in excess of $1 million. The law also prohibits employers from retaliating against whistleblowers.
For information about The Employment Law Group® law firm’s SEC Whistleblower Practice and Derivatives Whistleblower Practice, click here.
http://www.employmentlawgroup.net
Tuesday, August 17, 2010
The Employment Law Group® Files Amicus Brief Arguing that Section 929A of the Dodd-Frank Act Applies to Pending Sarbanes-Oxley Whistleblower Cases
The Employment Law Group® Files Amicus Brief Arguing that Section 929A of the Dodd-Frank Act Applies to Pending Sarbanes-Oxley Whistleblower Cases
August 16th, 2010 · No Comments
On August 13, 2010, The Employment Law Group® filed an amicus curiae brief in Johnson v. Siemens Building Technologies, Inc., on behalf of the Government Accountability Project, National Employment Lawyers Association, and National Whistleblowers Center arguing that Section 929A of the Dodd-Frank Act clarifies and confirms existing law on the scope of coverage under SOX, and therefore should be applied to pending cases. A copy of the brief is available here. To learn more about the whistleblower provisions of the Dodd-Frank Act, click here.
The attorneys at The Employment Law Group® law firm have substantial experience representing whistleblowers under the Sarbanes-Oxley Act and other whistleblower statutes. For more about firm’s Sarbanes-Oxley Whistleblower Practice, click here.
http://www.employmentlawgroup.net
August 16th, 2010 · No Comments
On August 13, 2010, The Employment Law Group® filed an amicus curiae brief in Johnson v. Siemens Building Technologies, Inc., on behalf of the Government Accountability Project, National Employment Lawyers Association, and National Whistleblowers Center arguing that Section 929A of the Dodd-Frank Act clarifies and confirms existing law on the scope of coverage under SOX, and therefore should be applied to pending cases. A copy of the brief is available here. To learn more about the whistleblower provisions of the Dodd-Frank Act, click here.
The attorneys at The Employment Law Group® law firm have substantial experience representing whistleblowers under the Sarbanes-Oxley Act and other whistleblower statutes. For more about firm’s Sarbanes-Oxley Whistleblower Practice, click here.
http://www.employmentlawgroup.net
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