Employment

Can I be terminated from my job? How can I protect myself?

Expert legal advice can help you navigate next steps if you think you are about to be wrongfully terminated or believe your employer is discriminating or retaliating against you. The employment law and labor-focused lawyers at Halunen Law are available to consult with you on what your rights are and strategies to protect them.

What does at-will employment mean?

“Employment at-will” means that an employer can terminate an employee at any time for any reason or no reason—except an illegal one—without violating the law. Illegal reasons include, for example, terminating an employee because of gender, age, race, or disability, or for reporting unlawful conduct in the workplace. “Employment at-will” also means an employee is free to leave a job at any time for any or no reason without any adverse legal consequences.

If I file a lawsuit, how long will that take?

If you have to “litigate” your case (file a formal court complaint that describes what happened and your legal claims), the process typically takes between nine months to a year and a half from filing the formal complaint through trial. If your case is appealed, or there are other delays, it can take longer. Some employment cases settle early, before a complaint is even filed.

What is the likelihood that my case will settle?

Every case is different and must be evaluated by your employment law attorney based on the particular facts and circumstances of your situation. That said, about 95% of our cases are resolved before trial.

If my case is successful, what damages will my employer have to pay?

The damages awarded to you depend on the claims filed and the harm you’ve experienced. Damages can include compensation for past and future wage loss (which is directly related to the money you made in your job), and the emotional pain and suffering caused by your employer. Halunen Law is ready to evaluate your potential claims, explain available damages, and discuss your options. We are experienced employment law attorneys and represent employees on a contingency basis.

Whistleblower

What is the False Claims Act?

The False Claims Act is a whistleblower statute. It allows ordinary citizens to file a lawsuit on behalf of the United States against companies and individuals who steal taxpayer money by committing fraud against the government. When the government is successful in recovering fraudulently obtained money, the whistleblower is entitled to 15% – 30% of those funds. That’s $150,000 – $300,000 if the government recovers $1,000,000!

Is this the same as a “qui tam” case?

Yes, many people call these “qui tam” cases because they allow an individual to challenge fraud by standing in the shoes of the government. “Qui tam” (pronounced “kwee tam” or “key tam”) comes from a Latin phrase used in England for a person “who brings the action for the king as well as himself.”

What kinds of fraud are covered?

A potential False Claims Act case occurs anytime a company or individual engages in fraudulent conduct that causes the government to pay money it would not otherwise pay.

Covered fraud can include:

  • Medicare, Medicaid, pharmaceutical, and other healthcare fraud
  • Defense contractor fraud
  • Abuse of government contracts/procurement/Small Business processes
  • Illegal kickbacks
  • Misuse of government grants and funds
  • Billing the government for items or services not received
Who can bring a qui tam lawsuit?

Most anyone who knows about fraud against the government can bring a case. This includes employees (current and former), independent contractors, competitors, clients, and patients. However, it is essential to work with an experienced False Claims Act lawyer who knows how to prepare the case for the government.

How do I know if I have a case?

If you are aware of fraud against the government, Halunen Law is ready to help you figure out whether you have a case under the False Claims Act or other whistleblower statues. If you have experienced retaliation for reporting fraud, we can make a claim for that as well. We are experienced False Claims Act attorneys and represent whistleblowers on a contingency basis.

What are common types of False Claims Act cases?

Defrauding the government takes many forms and includes:

– Health care fraud impacting Medicare and Medicaid.

– Procurement fraud that impacts all agencies.

– Kickbacks to influence purchase decisions.

– Fraud in Defense contracts.

– Fraud in applying for any type of government grant or support programs.

– Violations of environmental laws.

– Fraud involving payments by any of the myriad of government agencies.

Do I have a False Claims Act case?

You may have a False Claims Act case if you have knowledge that a company or person has cheated the government. This conduct generally includes:

– Causing the government to pay money it wouldn’t otherwise pay.

– Failing to pay money owed to the government.

– Paying kickbacks or bribes to get people or entities to buy products paid for by the government.

– Making false statements that cause other entities or individuals to get money they should not get.

– Conspiring with others to cheat the government.

– Lying on applications for contracts, grants or other money from the government

– Keeping property of any sort that should be returned to the government.

Consumer Class Action

What is consumer fraud?

“Consumer fraud” refers to deceptive practices, including deceptive labeling, misleading advertising, sale of defective products, financial scams or other similar conduct that generally results in financial or other losses for consumers. If you feel you have been the victim of consumer fraud, you can get a professional opinion from a member of the class action team at Halunen Law. Our dedicated attorneys have a proven record of prosecuting consumer fraud claims nationwide through what is called a “class action.”

What is the Consumer Protection Act?

1967 was a good year for consumers—it was the year the Consumer Protection Act was enacted to replace the guiding principal of caveat emptor (aka: buyer beware). Before the Consumer Protection Act, the assumption was that people and companies selling products could and would do anything to get you to buy their products—including lie to you—and there was little you could legally do to stop them. Today, the Consumer Protection Act prohibits businesses from using false advertising. But unfortunately, not every company is truthful about its products.

What is a class action?

In a class action, one or more persons who have been subjected to consumer fraud file a lawsuit on behalf of others who have had similar experiences. A class action can achieve justice for many people when it would be too expensive for individuals to challenge a company’s bad conduct on their own. Those people who step forward are called “class representatives.”

What is a Consumer Class Action Lawsuit?

A Consumer Class Action Lawsuit is more than a mysterious notification you get in the mail. It is a powerful tool that can provide monetary relief to consumers who have experienced harm due to false advertising or faulty products. Perhaps more importantly, a Class Action Lawsuit can change fraudulent industry practices that may have otherwise gone unchallenged.

How does a Consumer Class Action Lawsuit work?

A Consumer Class Action Lawsuit can be brought by one person on behalf of a group of people that have been harmed in the same way. It may seem daunting to think about standing alone against a large company that may have harmed you as a result of false advertising, defective products, intrusive phone calls or similar harms. But when you represent a group of people who have experienced similar harm, it is more likely that you’ll have a successful outcome. And the economic harm each person experiences does not have to be a significant amount to warrant a suit as long as enough people experienced a loss. For instance, if a million people each lost only one dollar as a result of a company’s false advertising, the harm totals one million dollars.

Who can bring a Consumer Class Action Lawsuit?

It only takes one person to bring a Consumer Class Action Lawsuit. Thanks to the Consumer Protection Act, only one person who purchased the product or service needs to sign up with an attorney—and that person can act as a representative for everyone else who may have purchased the same product or service.

What determines whether or not I can file a Consumer Class Action Lawsuit?

To file a Consumer Class Action Lawsuit you need to have experienced harm, often as the result of purchasing a product or service, sometimes it can be an invasion of your personal privacy, and in some cases your money has been affected by wrongful charges on a bill. The harm you experienced needs to meet certain criteria: it needs to be against the law; and other consumers must have suffered the same wrong. If you’re not sure whether your experience meets those criteria, we can help you figure it out.

If I bring a class action lawsuit, will it change anything?

If successful, the class can receive monetary relief from the resolution of a Class Action Lawsuit. Additionally, Class Action Lawsuits can be—and often are—the catalyst for significant change within industries. Labels can be changed, products can be reformulated, and companies can be held accountable for the promises they make about their products. And often, when liability is found against one company, other competitors who may be acting similarly quickly change their conduct because they don’t want to get sued. By holding one or two companies accountable through Class Action Lawsuits, an entire industry can be changed.

Case in point:

Halunen Law recently resolved a Class Action Lawsuit against household product manufacturer Seventh Generation Inc. The product named in the lawsuit made a number of claims about being natural but contained synthetic ingredients, including one that is a skin allergen. In that settlement we were able to bring about several outcomes:

  • Consumers who had purchased the product got monetary relief.
  • The company changed its
  • The company agreed to reformulate some of its

Halunen Law prides itself on assisting our clients to be a catalyst for change. Fairness. Honesty. Justice. It’s in our DNA. If it’s time to take a stand, Halunen Law will stand with you every step of the way. Contact us today.

Why would I want to serve as a class representative?

One person can make a big difference. When you stand up for your rights you can help countless others and make a profound impact on an entire industry. When companies are held accountable for their deceptive actions, other companies take note.

What are my next steps?

If you have experienced consumer fraud, harassment by callers or creditors, or an invasion of your privacy, contact the Halunen Law consumer class action team. We will evaluate your potential claims and discuss your options.

What is false advertising?

False advertising is just what it sounds like: it’s describing a product as something that it is not, in an effort to sell it. Sometimes false advertising is a flat-out lie—the claims about the product are simply not true. And sometimes false advertising is a bit more subtle—it can be a statement that is technically true, but misleads the consumer.

How can I tell if I’ve been the victim of false advertising?

Sometimes false advertising becomes apparent rather quickly, like when the product you purchased simply doesn’t work. But for certain types of products, like building materials, defects can remain hidden for years before you discover the company’s false claims.

For instances in which advertising seems misleading, the courts have set up a Reasonable Consumer Standard. That standard asks: Would a consumer acting reasonably believe the claims of the advertiser? And if that consumer was acting and thinking reasonably, would they have been misled and experienced harm? Halunen Law’s case against Earth Friendly homecare products provides a good example. The products claimed to be “natural” despite containing a synthetic chemical known to cause rashes and other skin conditions. Given the brand’s claim it was reasonable for the consumer to expect the products were “natural” and free of chemicals. As a result of our work we were able to negotiate removal of the harmful chemical from the product line.

Still, companies are allowed something the courts call “puffery” in advertising, which could be described as the legal version of “stretching the truth.” Examples of puffery are: “This product is the best.” or “This service is great.” Essentially, puffery is when companies make promotional statements that cannot be measured or tested.

What can I do if I think I’ve been the victim of false advertising or misrepresentation?

If you believe you are the victim of false advertising, you may be able to file a Consumer Class Action Lawsuit. Call us to schedule a free consultation. You can tell us your story so we can help you determine what course of action you may be able to take. If we are not able to bring a Consumer Class Action Lawsuit on your behalf, we may be able to steer you toward other solutions.

Are some companies too big to sue in a class action?

At Halunen Law we believe no company is too big, too powerful, or too influential to avoid responsibility when its actions fall outside the boundaries of the law. Our class action lawyers have gone toe-to-toe against the biggest companies in America – Apple, Burberry, Cargill, Coach, Samsung, Microsoft, Google, Honeywell, Federal Express, AT&T, Honda, PayPal, Yum! Brands, and many others. While we appreciate and respect responsible corporate citizens, we will always challenge those who take advantage of consumers. We consider it a privilege to have successfully represented many consumers who took a stand against some of the largest domestic and international corporations.

What can I do if I think I’ve been the victim of invasion of privacy or telemarketing?

Some companies want to get into your personal space, often through invasive telemarketing, harassment over unpaid debts, selling or disclosing (even by accident) your personal information, or even keeping or selling your biometric data.  In many cases, their actions violate a federal or state law designed to protect your privacy.  If you believe you are the victim of harassment or an invasion of privacy, you may be able to file a Consumer Class Action Lawsuit. Call us to schedule a free consultation. You can tell us your story so we can help you determine what course of action you may be able to take. If we are not able to bring a lawsuit on your behalf, we may be able to steer you toward other solutions.

Personal Injury

What important steps should I take if I’m involved in a car accident?

1. Move your car out of moving traffic lanes and stop.

2. Get names and contact information from any potential witnesses at the scene.

3. Do not move anyone unless you are absolutely sure that you can do so safely.

4. Call 911 and tell them your location and about any injuries at the scene.

5. Don’t apologize, admit your fault or argue with the other driver. That can all be sorted out later.

6. Exchange insurance information and get the other driver’s name, current address, phone number, and license number. Do not permit anyone to photograph your license. That could lead to identity theft.

7. Document and, if possible, take photographs of the license plates and damage to all vehicles involved.

8. Obtain a copy of any police or crash report if available at the scene.

9. If your car is being towed, retrieve your personal items and confirm where it’s being taken.

10. Call Halunen Law at (612) 444-HURT. Get legal advice on your rights and responsibilities. We can assist you in protecting the evidence and getting the insurance benefits and compensation to which you are entitled.

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Can I sue the other driver even if I got a ticket for the accident?

Yes, generally whether or not someone got a ticket does not affect your right to compensation.  The jury decides who was at fault, not the police or the insurance company.  Talk to a personal injury attorney to get an assessment of liability.

Is there a time limit to getting my medical bills paid?

Yes, there are time limits for submitting your bills and wage loss for payment.  Generally, you have six months to make sure everything is submitted.  So, don’t wait, talk to an attorney as soon as possible.

Do I have to give the other side's insurance company an authorization to review my medical records?

Not necessarily, the other side’s insurance company is not entitled to unlimited access to your health records.  Talk to an attorney before you sign anything.

I wasn't wearing a seat belt; can I still recover for my injuries?

Yes, you can still recover for the injuries caused by the fault of the other driver, even if you were not wearing your seat belt at the time of the accident.

I don't want to go to court, can I still pursue my claims?

Yes, most cases settle without a trial.  However, every case should be prepared for the potential of trial.  A good personal injury trial lawyer will discuss your concerns and prepare you for the possibility of trial.