New Jersey Employment Lawyer Blog

Whistleblowing employees from Robert Wood Johnson University Hospital -- Hamilton have helped the federal government recover $6.35 million in two lawsuits filed against the hospital. News of the large settlement was recently reported here. The whistleblowers claimed that RWJ-Hamilton officials were inflating charges to Medicare patients to obtain larger reimbursements. A federal investigation found the allegations to be meritorious. Speaking for the Department of Justice, Tony West, an assistant attorney general, stated that "[t]axpayer dollars should go towards quality healthcare, not (be) wasted on fraud and abuse."

The lawsuits were brought under the qui tam provisions of the federal False Claims Act. This law provides a "bounty" to whistleblowers who help the government recover money from entities who have cheated it. Under the terms of the settlement, the whistleblowers will receive $1,111,250.

If you are an employee of a hospital, doctor's office, or other health care provider and have proof that your employer is cheating Medicare or Medicaid, you should immediately consult with a knowledgeable New Jersey whistleblower attorney. It is not easy being a whistleblower. It takes courage, perserverance, and the proper legal advice and support.

Posted by Steven Siegler | Permalink | Email This Post

Posted In: Whistleblower Retaliation

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Can a company fire an employee for taking company records that help the employee's discrimination case? This is the question posed by the case of Quinlan v. Curtiss-Wright Corp., A-51-09, which was argued before the New Jersey Supreme Court on March 9, 2010. As reported in the New Jersey Law Journal, the Court is likely to answer this question in the affirmative. If it does, New Jersey employers will get a powerful new weapon to use against employees who may have taken confidential records during their employment.

The plaintiff in the Quinlan case is a Human Resources professional who felt that her employer was discriminating against her on the basis of gender. She secretly copied about 1800 pages worth of confidential company records. She then retained a lawyer and gave the records to him. Her lawyer filed a lawsuit and returned the records to the employer during the course of the litigation. When the employer found out about the records, it fired the plaintiff. The plaintiff then added a claim for retaliation to her gender discrimination complaint.

A jury found in favor of the plaintiff on her retaliation claim, but the verdict was overturned on appeal. The Appellate Division held that the plaintiff should not be permitted to benefit from her "theft" of confidential documentation.

On appeal to the New Jersey Supreme Court, the plaintiff's attorney argued that Ms. Quinlan was acting in good faith when she took the documents, and that she should not be penalized for doing what she thought was the right thing. The Court seemed to disagree, indicating that it would encourage "employee theft" if Ms. Quinlan were permitted to win her retaliation claim under these circumstances.

I would advise any New Jersey employees to consult with a knowledgeable and experienced employment attorney before undertaking any kind of "investigation" or "evidence gathering" on their own. New Jersey is an "at will" employment state and you do not want to give your employer a legitimate excuse to fire you. If you have a good discrimination claim, your lawyer will obtain the documentation you need to win the case by using the proper legal processes.

Posted by Steven Siegler | Permalink | Email This Post

Posted In: Discrimination and Harassment , Employment Contracts , Food for Thought , Whistleblower Retaliation

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The Port Authority of New York and New Jersey has been fined and ordered to pay an employee's legal fees for violating her whistleblower rights under the Federal Railroad Safety Act. As reported today in the Jersey City Independent, the employee fell and injured herself after a chair she sat on broke. The employee alleged that when she reported the injury, the Port Authority said she’d caused the accident herself. She then filed a whistleblower complaint with the Occupational Safety and Health Administration (OSHA), alleging that the Port Authority had disciplined her for reporting her injury. OSHA’s investigation found the employee's claim to have merit.

Robert Kulick, OSHA’s regional administrator in New York, stated that “[r]ailroad employees have the legal right to report work-related injuries . . . . Railroads that retaliate against employees for exercising their rights will be held accountable.”

Employees in New Jersey have the right to be free from employer retaliation for their good-faith acts of whistleblowing. Numerous state and federal laws provide the basis for these rights. If you are a NJ employee who is considering whether or not to blow the whistle, or has already blown the whistle, it is imperative that you discuss your legal options with a knowledgeable, experienced employment attorney.

Posted by Steven Siegler | Permalink | Email This Post

Posted In: Wage and Hour Claims , Whistleblower Retaliation

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The U.S. Department of Labor is seeking $1.9 million for alleged abuses of the H1-B visa program by Peri Software Solutions, Inc., a Newark, NJ consulting house. According to the DOL press release, Peri Software and its president, Sarib Perisamya, allegedly owe over $1.4 million in back wages to foreign workers.

The DOL's investigation found that the Newark company forced its H1-B employees to sign employment contracts, failed to pay the workers the required prevailing wage, and then sued the employees who left the company after their contracts were broken. The DOL assessed a $439,000 civil penalty against Peri Software "due to the willful nature of the violations." In addition to the civil penalty and back wage assessment, the company is facing a 2 year debarment from the H1 program.

I have seen many similar cases in my law practice. Consulting firms, many of whom are not properly registered as employment agencies, lure workers to the United States with promises of long-term employment and stability. When the workers arrive here, however, the employers require them to sign unfair and totally one-sided employment contracts. In some cases, workers are required to remain with the same company for 18 months or more. Then, when these employees are forced to quit due to unpaid bench time or other issues, the companies sue them.

If you are an H1-B employee who is being benched without pay, or otherwise not being paid properly, you may have legal recourse to get the money you are owed. You may also have grounds to terminate your contract. Before you move to your next employer, however, you should seek legal advice from a knowledgeable New Jersey employment attorney.

Posted by Steven Siegler | Permalink | Email This Post

Posted In: Employment Contracts , Non-Compete Agreements , Wage and Hour Claims

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