Halunen Law - Landmark Decision in Friedlander v Edwards

This month, the Minnesota Supreme Court issued a unanimous, landmark decision expanding protections for employees who report legal violations to their employers. The Friedlander v. Edwards Lifesciences, LLC, et al., decision involves a straightforward interpretation of a statute and at first glance may seem unremarkable. The truth of the matter is, it’s a big deal. To fully understand the ruling’s impact let’s explore an example that may sound familiar:

Imagine you are a compliance officer at large bank. Your boss shares a plan with you involving the highest levels of the company, to add fake accounts and credit cards for bank customers without their knowledge or permission. Appalled, you object to this plan and call it fraudulent. Your boss laughs and fires you. You, in turn, sue the bank for wrongful termination.

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Halunen Law - Severence Agreement: Seek Advice Before SigningBack in March I wrote a blog about a common call I get from executives. They’ve just received a a severance agreement and want to make sure it’s “safe” to sign. I discussed my surprise that people who made their careers negotiating for their employer, didn’t have an appetite to negotiate for themselves.

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Halunen Law - Service Agreement Seek AdviceI get calls several times a week from executives and professionals who want me to review a severance agreement that was just presented to them by their employer. When I ask if they think they have any potential claims against the company, people seem bewildered. I’m often told they just want me to review the severance—that they don’t want to risk losing what is offered, and have no interest in seeing if they could get more. I, on the other hand, am often dumbfounded. After all, negotiation is part of business—right? As an executive or professional part of your job typically includes some form of negotiation. So then, why would you not negotiate over a severance?

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Halunen Law - Dilemma for National Guard Reservists & Veterans If you are a service member, especially a National Guard reservist, you may have questions about how, or even if, to include your military status on your resume. It’s a troubling question that we get frequently. We often get callers suspecting they missed out on a great job opportunity or a second round interview, suspecting it was due to the National Guard status on their resumes.

Our initial reaction matches their own reasons for including the detail: we’re proud of their service and thank them for it. To us, a reservist suggests a loyal, dedicated, hard-working, and organized individual. What employer wouldn’t want that? But then our “Spidey Senses” go to work—and providing advice becomes a bit trickier.

File this note under practical advice—because while we have a legal response, your gut may tell you that sometimes your service is a huge “plus” on your resume and sometimes you may decide otherwise.

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Halunen Law - Sick Leave Info

In the United States, paid sick leave is offered to only half of the full-time workforce. Unfortunately, access to paid sick leave is greatly diminished if you are a low-wage earner. A recent study shows that seven out of ten low-wage workers do not have paid sick time available. For many low-to-medium wage workers, the decision to take time off work to recover from an illness or to take care of a family member is a choice between their health and financial security.

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Halunen Law - Whistleblower Physician Collects $4.5 Million Honesty is the best policy. It’s one of the first lessons we learn, and yet it seems there is an epidemic of selective memory loss among providers who choose to defraud Medicare. Our journey begins in South Carolina where another medical provider is paying out millions in an effort to put the allegations of wrongdoing behind them.

This past summer, the Justice Department announced that Lexington County Health Services District Inc. d/b/a Lexington Medical Center located in West Columbia, South Carolina, had agreed to a $17 Million settlement. (1) The settlement resolved allegations that the Center had maintained improper financial relationships with physicians they employed and submitted fraudulent claims to Medicare. This is extremely troubling considering a large percentage of their income is from Government funded programs.

People who rely on Medicare are among our nation’s most vulnerable citizens, including the elderly, disabled and terminally ill. In many cases, this is truly their only hope for receiving the medical care they so desperately need, but many could not otherwise afford. Subsequently an extensive body of law protects the rights of these recipients and safeguards the tax payer dollars funding these services with severe penalties for those who choose to ignore them.

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Halunen Law - Minnesota Based Hospice Provider to Pay $18 Million in Response to Whistleblower Allegations

Hospice and greed. Two words that are diametrically opposed and when combined—toxic.

At its inception, hospice in America was mostly a philanthropic movement led by volunteers and non-profit entities. Today the hospice industry is big business including a large percentage of for-profit providers. According to the Medicare Payment Advisory Commission (MEDPAC) in 2013 Medicare hospice expenditures alone totaled about $15.1 billion for services rendered by over 3,900 providers. (1)

The hospice movement is built on the core belief that patient dignity and respect are fundamental to providing compassionate care to the dying. When the prognosis of a terminal illness carries a life expectancy of 6 months or less it’s devastating. Hospice includes access to essential medical care along with emotional and psychological support which enables individuals and their loved ones to live as fully as possible in the time remaining while striving to come to terms with saying good-bye.

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Halunen Law - Sexual Harassment Employer Liability If you’ve reported your co-worker’s unwanted advances to your employer and been ignored, or worse yet, terminated from your position, there is good news for you out of New York. The federal Second Circuit Court of Appeals adopted an expansive standard for employer liability that could make it easier for employees to prove discrimination or retaliation when they’re fired because of a co-worker’s conduct. Historically, courts have been reluctant to hold companies accountable for the conduct of their lower-level workers. But in a recent decision (Vasquez v. Empress Ambulance Service, Inc.), the Second Circuit Court of Appeals held that the company may face liability if its negligence played a role in the firing.

Inappropriate conduct, ignored complaints, and wrongful termination, create the case for change:

The Plaintiff, Andrea Vasquez, worked for Empress Ambulance Service, Inc. as an emergency medical technician. In one twenty-four hour period, Vasquez faced unwelcome sexual advances from a co-worker, complained about that conduct to her supervisor, and was terminated.

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A former vice president and director of sales at CBS says that the media company is a boys club, and that she was routinely treated differently than male employees. Being treated or compensated different based on one’s gender is prohibited under equal protection laws. Gender discrimination can take many forms and can occur during the hiring process or during the course of employment and may include being paid less based on gender, being denied promotions, or being wrongfully terminated based on gender.

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Read Part 1 – Understanding the Need

Halunen Law - Understanding Labor Laws U.S. 1. The law is complex: Employment Laws provide protection for both employees and employers. So you can rest assured your employer has legal representation and considers it a standard cost of doing business. Employees without access to sound legal advice find themselves at a considerable disadvantage when up against opposing counsel, and employers will take every opportunity to benefit from this inequity. They have already been preparing a defense to make sure any claims against them will fail.

A word of caution: When a person is under stress they tend to make decisions based on their emotions. With the explosion of social media and online resources, it’s tempting to panic and get caught up in being part of the “Google It” school of legal education. Unfortunately, with laws changing so rapidly, online information is often outdated and incomplete. Likewise, social media, which serves a critical role within the context of communication, is an extremely poor substitute for qualified counsel when an employee’s livelihood hangs in the balance. That is why an experienced employment law attorney makes the best advocate because they can provide objective and knowledgeable advice. They also have an ethical obligation to stay up to date and keep up with the latest in their area of practice. This enables them to offer their clients the most innovative legal strategies available.

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