Retaliation against terminated employees is prohibited by the Age Discrimination in Employment Act and Title VII of the Civil Rights Act. This type of discrimination is called “post-employment” retaliation in employment law parlance.
During employment and when considering unethical behavioral activities, it is always advisable to speak with a team of Charlotte employment law attorneys. Federal law may offer different protections depending on where you live, even if it’s a federal law like the FCA.
Post-Employment Termination What is it?
Common reasons for termination of employment include:
- failing to re-enlist,
- defaming or blocking an employee;
- take unjustified legal action,
- filing a fraudulent police report, and
- Filing a fictitious complaint with the Licensing Authority.
However, the False Claims Act (“FCA”) makes it illegal to discriminate against or retaliate against “any employee” who tries to stop his company from defrauding or overcharging the federal government. As a result, the law on post-termination retaliation protection is more complex.
Employees In The Public Sector Are At Greater Risk
In post-employment termination actions, the federal government is often overcharged with federal contracts for services provided by private businesses, or the Medicare or Medicaid programs in a hospital setting providing health care. They cheat.
Retaliation against “any employee” is prohibited under the FCA, which only prohibits “any employee,” not specifically against former employees. Are past workers still protected?
Protecting Rewards For Those Who Report Government Fraud
The legislative intent behind Congress enacting the statute in the first place — to protect employees and give them incentives to deal with defrauding the government while on the job — was at the heart of the court’s decision. If Congress had allowed “open season” on them after they were wrongfully fired, they would not have had to encourage whistleblowers to report. This would defeat the aim of Congress.
Unfortunately, not every court has ruled this way. Because the FCA does not expressly express post-termination employment protections, the Tenth Circuit Court of Appeals adopted a strict reading of the FCA and refused to recognize it.
The Court of Appeals has held that the FCA’s anti-termination clause applies to post-termination retaliation.
Sixth Circuit Court Of Appeals
According to a recent decision by the Sixth Circuit Court of Appeals, despite the FCA not specifying that it applies only to current employment, the term “any employee” used in the Act could theoretically refer to any previous employee. Is.
The terms of an individual’s employment are stated in an offer letter, employment contract, or verbally. In a non-union workplace, each employee negotiates on his own. Terms of employment are not universal among all positions.
Many potential employees choose not to negotiate at all, choosing to accept the offer that the employer makes them. Others ask for $5,000 – $10,000 more to see if they can start working with a higher salary. Since the raise is based on a later set salary rate, it obligates a new employee to negotiate the best possible deal.
In workplaces that are represented by a union, the collective bargaining agreement covers most aspects of the employee’s relationship with the workplace, including compensation, benefits, hours of work, sick time, and holidays. The contract also protects the unionized employee’s rights and gives the employee options for grievances in the workplace. The existence of a contract takes away the employee’s individual right to negotiate his salary.
What Does An Employee Do?
The employee works part-time, full-time, or temporarily on a job assignment.
An employee trades his skills, knowledge, experience, and contributions to an employer in exchange for compensation. An employee is either exempt from overtime or not exempt from overtime. Employee compensation laws are governed by the Fair Labor Standards Act (FLSA).
An exempt employee is paid for the maximum number of hours required to complete a completed task. Employers must pay nonexempt employees for each hour worked because they are paid by the hour.
When an employee is classified as a non-exempt employee, the employer must set up a time tracking system to ensure that the employee is paid for each hour lawfully worked and from 40 a week for each hour of overtime worked, and up to 8 hours a day in some states (Alaska, California, and Nevada) or 12 hours in Colorado. Note that this may vary from state to state and countries around the world.