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Using FMLA law as an Weapon against Employment Discrimination Charge

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It has been a long time describing such a typical case of FMLA laws in Ohio. It is an employment issue with an employee who had been out of the office for the treatment of cancer. After the person gets well and wiling to be back on job, the employer is not in a position to take back the employee to his company. There can be a serious allegation against Ohio employee rights violation.

So, how to tackle the situation? Will it be termed as employment discrimination under the law of FMLA act? Is it the employer who seems to be guilty for not retaining the employee after his/her recovery?

Know the employers view point:

Before we start analyzing the way outs let’s view the genuine constraints for the employer. Yes, it is a deliberate confession. The employer is running a small company with the strength of only 15 employees. While the employee was out on leave, the economy was shattering leaving out lots of lay offs and salary cuts on work. Under such circumstances of slow business the employer can’t afford the employee now.

Apprehension for legal penalties:

But again there is always a possibility of legal intervention that may sue the employer for not allowing the employee to continue with the job. Of course, it’s a true confession by the employer that he would retake the employee once the things get fine. But how certain and safe is the position of the employer against law? The concern finally ended up with the petition to an Ohio FMLA lawyer.

What best can be done to protect the employer?

Fortunately being a small company, the employer can take advantage of the loopholes of FMLA law. Employment discrimination rules under FMLA act apply for the companies having 50-75 workers only. So it seems the employer is too small to be covered under the federal law. Moreover Ohio does not have any family law at the state level.

Employer’s job:

However there is the rapidity required for the employer’s point of view also. During last salary cuts or lay offs the employer should have eliminated the employee position and informed him/her about the decision at that time only. By doing this it would be easier to avoid being appeared that the employer is not illegally discriminating the employee by using FMLA laws.

Concluding the whole discussion the final solution could be like this- First allow the employee to join the office and let him/her work for 2 weeks. Then eliminate the employee position. The reason is that while making the internal changes the employer didn’t lay off the employee. But now in this current situation the employer can do it and it wouldn’t be regarded as discrimination too.

In this context one shouldn’t forget that companies with strong employee strength can’t escape the loopholes as discussed. In such case personal attention from an attorney on employer-employee rights is the priority all the times. Consulting resourceful online legal directories for attorney search can also be an apt solution in most of the cases.

employment attorney Orange County California Whistleblowers

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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.

Choosing Placement Consultants in Delhi NCR, Mumbai or All Over India

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Placement or recruitment whichever your prime requisite is, placement consultants based in India serve you accordingly. Despite this fact, you have to choose the consultancy wisely for best results.

Recruitment is a task which can never fade away unless recession reaches to the rim of employment opportunities. No doubt, recession might have affected job scenario, but, on the same hand, emergence of lucrative jobs has balanced the situation. It further implicates that in the present times plethora of job opportunities has been witnessed merely due to the addition of interesting skilled prospects. To begin with, in the modern times, there have been several attempts to utilize best resources to recruit eligible candidates who are potential to serve this vacant position. Among these resources, placement consultants are listed on top of their priority.

Most of these consultants operate as a team and have been employed by consultancies. These placement consultancies based in India understand that zeroing down on final solution from a wide range of options of applicants can be very complicated task to proceed with. Thus, placement consultants in Delhi NCR have a team of experts who hold mastery over tackling manpower operations. Regardless of national or international recruiters, these consultants ensure quality of solutions is not at all compromised with. In simple to comprehend terms, their accuracy of results is always maintained whether their clients have national or overseas placement requisites. Additionally, it is certain that all types of jobs are taken into account by these professionals so that they can bring forth most appropriate employment recommendations.

Besides, these consultants with rich industrial experience are responsible for taking the dual perspectives without letting any types of discrepancies affect the final output of placement. To be even more specific, overseas job consultants in Mumbai and other popular cities of India ensure that they understand needs of job seekers and employers. It indeed makes a point lucid that without hindrance of any sort in their path; these professional job consultants analyze the career prospects for applicants and thereafter connect the same with employment opportunities suitable for them. In this entire process, they do not consume lots of hours to make both ends meet instead their efficient mechanism. On a factual note, they have rich tools and equipments those assist them to deliver best output within a less span of time.

Furthermore, there are multiple aspects those need to be simultaneously managed while placement procedure is being processed. However, this can only be done by individuals who possess expertise at this work. Therefore, the top overseas job consultants in Delhi and Mumbai are worth relying on because they have competence to churn out significant placement solution. If you are seeking employment in India or overseas, then, without any second thought, your first step should be to seek services of reliable placement consultancy. Practically speaking, you don’t have to toil hard to search these organizations as they are expanding their reach effectually. This has in turn resulted in development of several branches of these consultancies in all parts of India. In a nutshell, choosing best service provider to get placed will be apt to let everything proceed smoothly.

Authors: H.R. International is India’s no. Placement consultants in Delhi NCR we provide complete manpower solution for India and international. You can also visit for overseas job consultants in Delhi and top overseas job consultants in Delhi!

Pre-employment Background Checks 5 Reasons Why Smbs Should Conduct Them

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Labor experts tell us that 8 out of 10 hiring professionals do some form of pre-employment background screening. Yet many medium and small businesses and are still dependent on traditional methods of pre-employment background screening, such as checking up on references. This article explores why many SMBs avoid professional employment background checks, and the risks and dangers of doing so.

Why Many SMBs Don’t Do Pre-Employment Background Screening

Lack of concern. Some SMB managers believe that only cops, teachers, and doctors should be subject to employment background checks. That point of view is outdated. Nowadays, many private companies are consistently performing pre-employment background screening, for the reasons listed in the second half of this article.

Lack of Internal Support and Expert Knowledge. Many SMB leaders assume that any pre-employment background screening they do must be done in-house. The prospect of training an employee to carry out background checks is intimidating to most managers, especially since it could very well take a person months to research the best background check procedures. However, partnering with pre-employment background screening outsourcing firms allows all companies quick, convenient access to employment background checks.

Overestimation of Cost. Many SMB leaders hold a misconception about pre-employment background screening, namely that it’s exorbitantly expensive. If you’re open to the possibility of outsourcing your employment background checks, you can typically conduct pre-employment background screening for no more than $50 per job candidate.

Top 5 Reasons Why SMBs should Conduct Employment Background Checks

1. Decreased Costs. You’ll find better job candidates if you conduct pre-employment background screening. Improved hiring means that you’ll spend less money counteracting negative PR, lose less money to negligent hiring lawsuits, and see fewer employee-generated losses, such as embezzlement. Finally, it’s typically much less expensive to outsource employment background checks, rather than doing them in-house.

2. Fewer legal trip-ups. Each state has its own law in place regarding negligent hiring. These laws are intended to protect the public by preventing dangerous individuals from being hired for delicate positions. As an example, many states’ alcohol laws require that employees have three years of felony-free history before they can be hired for a job that involves serving alcohol. Failing to check out candidates backgrounds through pre-employment background screening opens you to the risk of being sued or fined for failing to do your due diligence on new hires.

3. Safer Employees. Human Resource gurus estimate that 1 out of 10 job applicants have a criminal history. If you don’t carry do employment background checks, it’s more likely that you’ll hire a dangerous individual who could hurt your employees, your customers, and your business’ reputation.

4. Accelerated hiring. The majority of pre-employment background screening companies offer results in 48 hours. In this sense, outsourcing employee background checks can mean speedier hiring. In just a day or two, you can get the information you need to determine if that seemingly perfect candidate has any skeletons lurking in his or her closet.

5. Discover dishonesty in applications. Here’s another scary HR statistic for you: researchers calculate that approximately 4 out of 10 resumes feature deceitful omissions, if not total lies. Employment background checks reveal such dishonesty so that you can avoid hiring mendacious individuals.

As we’ve seen, there are many reasons why owners of small and medium-sized businesses should arrange employee background checks.

Employment and the Job Interview

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If you are seeking employment then at some point in time you will have to have a job interview. How you are perceived at this job interview is what may get you hired so a job interview is very important for future employment. Another important factor included in this employment process is your resume. When you go in offer a job interview you have to be prepared. Just remember that Boy Scout motto of Be Prepared and do your preparation thoroughly so you can’t look back and blame your own actions and preparation for not getting the job.

The Preparation:

When you are looking for a position in just about any organization whether it be public or private or even non-profit you will need to do your homework before you apply. This should include researching the company so you know something about its history or background. Also you should find out how it is doing financially if it is publically traded or has that information available to the public. Of course if it is a private family owned company that information will not be available to you. Although you might be able to do some research if it is a licensed company or has to have a city business license.

The second step is your own preparation which includes preparing a resume that you probably will have to send along with some form of application and cover letter. If you have found the potential job online such as a government position the website will have exactly what you will need to complete and send in before you will be granted an interview. Follow these instructions exactly if you have any expectations as to getting an interview. Some of the requirements may seem strange for example a city position may ask that you hand write an outline or your thoughts on a separate piece of paper and include that with your application. If they as for it, just do it. They have their reasons which may be that they want to see if you can follow directions.

The Job Interview:

If all of your paperwork passes scrutiny you may receive a telephone call asking you to come in for an interview. If you get to this stage you really must be prepared and know something about the company or agency and also about yourself. You will have to present yourself as confident and knowledgeable. And you will have to make sure what you tell them in the interview corresponds with your resume. You may be asked to play act such as what would you do if- If this is the case just think quickly and describe your response to the best of your ability. They expect you to be nervous and would probably be surprised if you were not a bit nervous. You may also have to take some sort of written test so keep that in mind also. This is a long process which requires you to be at your very best.

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