Categories
Archive
14135 Midway Road
Suite 250
Addison , Texas 75001
214-389-0998
214-389-0986 (fax)
Follow us on:
Articles
Blowing the Whistle Loudly for Unsafe Working Conditions
Those who speak out about unsafe conditions in a workplace or other things are called whistleblowers.
Most often people associate the term whistleblower with someone who “rats” out someone else for not doing the right thing. While in general that is about what it amounts to, it is far more important than that and whistleblowers serve a very important function in today’s society. They are bellwethers of a company’s actions, an indicator that all is not well in corporate land.
Thanks to whistleblowers and whistleblower legislation, workers may report inappropriate or unsafe work conditions to authorities – and may “not” be punished for doing so. This takes a whole lot of guts to pull off, and at one time there wasn’t much protection for people who were brave enough to stand up for what is right. Over the years, the federal government realized they needed legislation to protect the rights of those who spoke up and out about wrongdoing.
What are some of the more common reasons an employee would take their employer to the authorities? There are a fairly wide variety of reasons, but most commonly, attorneys who do this type of work tend to see employees blowing the whistle on unhealthy or unsafe work conditions, illegally using federal funding or illegal activity, and negligent behavior.
When someone takes the chance to stand up and speak out against wrongdoing, the federal government would be remiss if they didn’t offer those individuals some protection. Those who do speak up are going to ultimately benefit the federal government by usually recovering a significant amount of money for them – or rather on their behalf.
If you happen to be in a sticky situation at work and want to do something about it, but aren’t sure what kinds of protections may apply to you, check out the Occupational Safety and Health Act, the Federal False Claims Act, the Whistleblowers Act applicable to your state, and the Sarbanes-Oxley Act. If you do proceed to report and get fired or are the target of retaliation, you have the right to sue your employer. To do that you will need to contact a Dallas employment lawyer.
If you are in a situation like this, you will want to talk to an experienced Dallas employment lawyer to find out precisely what your options are and what your rights are under the various acts. You will need someone in your corner to fight this action for you, as it is the law that any actions taken under the Whistleblowers Act must be handled by an attorney.
Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.
Shhhhh It’s a (Trade) Secret
Just about every business or industry has its secrets. They also want to keep those secrets from getting out.
When you stop to think about it, it makes sense that most businesses and enterprises have secrets; secrets that protect how they do business, how they make their product, what methods are used and not used, and what inventions they may have. These are the things that they want to hold close to their chest, because if the information got out, they’d be competing against themselves with another company who acquired their information.
Rather than lose their competitive edge, companies with trade secrets make every effort to keep them and have been known to sue people who knowingly sell or accidentally give away critical information about how they do business. This deliberate subterfuge or accidental gaff is a form of unfair competition and those that are doing business in the marketplace are expected to do so fairly – meaning not resort to stealing another’s secrets. If you don’t understand how this works, talk to a seasoned Dallas business lawyer and find out. Better safe than sorry later.
Thankfully there is an Act in place that provides protection against those who get product formulas, techniques, devices, methods and secrets by less than honest means; means which include theft, spying via some form of electronic wizardry, spying by other means (perhaps the old-fashioned way), breach of duty, convincing someone else to breach their duty, misrepresentation, and forking over pots of money to bribe someone for the secret(s). This is where the Uniform Trade Secrets Act comes into play.
The basic kernel of the Act is that if someone profits from ill-gotten information, then unfair competition may exist. Keep in mind that this Act will also mete out punishment if the economic benefit is potential or real; and furthermore, this applies even if the person who stole the secret(s) doesn’t attempt to take advantage of that knowledge.
This is another area of the law that will allow punitive damages, much like some cases in the area of personal injury. For personal injury, punitive damages are awarded for really gross negligence; when dealing with stolen trade secrets, punitive damages may include financial damages, royalties and shared profits. In other words, stealing someone’s secrets is a serious matter and the law doesn’t mess around to make its point when it comes time to own up.
Courts may even grant injunctions to force a company to stop selling an item or service that came about as the result of a stolen secret. These are the things you need to know before you breach an agreement, either on purpose or unwittingly, and any Dallas business lawyer will tell you that right up front on consultation.
Another way that companies work to keep their secrets secret is to ask that workers and contractors sign a confidentiality agreement and spell out in that contract what will happen (including punitive measures) if those secrets are stolen. If a worker breaches the agreement, the company may be able to launch a lawsuit against the person to stop their information from getting out.
When in doubt about what is and what is not a trade secret, or what your agreement says and means, take the time to talk to highly qualified Dallas business lawyer and get the real scoop on what you need to know.
Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.
Real Estate Mortgage Fraud
In tough economic times, real estate mortgage fraud generally increases. It’s a good time to buy, but buyer beware.
Generally speaking, most people are honest and play it straight when it comes to dealing with mortgages. However, having said that, there are crooked mortgage brokers, cheating home buyers, dishonest real estate agents and brokers, and less than honest real estate investors. If you have the misfortune to run across one or more of these individuals, you may be in trouble; something you want to avoid.
Right now financing is fairly easy to secure in order to take advantage of some good deals on homes, but buyers need to beware of getting into hot water. If a buyer gets a loan, they can get some super deals right now. However, can they get that loan? It seems some buyers make up the numbers or take other risks to get the money, and while that doesn’t sound like such a big sin, it is mortgage fraud. Other ways you can commit mortgage fraud are to take money out of the bank and pay off a debt, but not tell the lender; buy a vehicle just before the loan closes and say nothing about it and/or get more credit for something/anything and don’t tell anyone.
Other ways that fraud happens is when a buyer makes any kind of an agreement the bank doesn’t know about (called a side agreement); when an adjustment is made at closing and isn’t shown on the HUD-1 settlement statement; or when part of a down payment/closing costs comes from sweat equity.
There are so many things that constitute mortgage fraud, it may surprise you, simply because you didn’t stop to think about things like the fact that you borrowed part of the down payment, you quit or started a new job and said nothing to the bank, or if you don’t actually move into the house after you have certified to the bank you are intending to be an owner/occupant.
Mortgage fraud is really easy to do but not so easy to reverse and the Real Estate Settlement Procedures Act is painfully clear on how a closing is to proceed, even more so with one that is subject to financing. The bottom line is that “any” statement you make to the bank which isn’t the whole truth and nothing but the truth has the potential to be considered fraudulent. This includes changes in your health, racking up high medical bills, or buying that dream car and not mentioning it.
Just as an increase in salary needs to be reported, so does a decrease. This applies on those loans aimed at low income buyers. It’s clear that if the borrower makes more than the limit allowed, he doesn’t get the loan. Even if you get a major hike in salary just before you close, you need to tell the bank that as well.
At each stage of the process of getting a loan and buying a house, there are many opportunities to be dishonest and just as many to get ripped off by someone else. If you have questions about the process, have been ripped off or have been accused of mortgage fraud, you will want to speak to a competent lawyer and find out what your rights are and what you can do.
Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.
Qui Tam Fraud
Not many people know what Qui Tam is or what it means. It’s a branch of law that protects the government.
Qui Tam refers to a set of rules that lets people blow the whistle (a.k.a. Whistleblower legislation) on those who try to defraud the government. The fraud committed would violate the False Claims Act and those who do step forward and speak up about the illegal doings of others are often called relators. The plaintiff/relator may then bring a lawsuit on behalf of the US government. It’s important to note that none of this takes place unless the defendant has “knowingly” committed fraudulent acts against the government.
You’d be right if you guessed that cases like this are tough to prove, tough to pursue in the courts and tough on which to collect. However, having said that, for those that choose to stay the course, the rewards are often fairly lucrative, since in the event of a case win, the plaintiff gets to collect a relatively large amount of cash based on the total judgment.
The main benefits of Qui Tam law are that it protects the government when someone has been ripping them off, allows recovery of the ill gotten funds on behalf of the government, and pays quite well in the long run. If people didn’t come forward to report on other individuals who were cheating the government out of millions of dollars, there would be a whole lot of tax money washing away down the drain.
While you might think that the whistleblower would be in a tough spot for ratting someone out, the Qui Tam law protects the relator and makes it illegal to harass, fire, demote or otherwise create problems for the individual. They are also accorded some level of privacy relating to their identity. This law is applicable in all states and in various different forms, and if you are in a situation where you have evidence of fraud against the government, speak to an experienced attorney to find out what the whistleblower legislation says in your state.
Generally speaking, there is a fairly broad range of areas in which Qui Tam actions are filed, and they include Medicare fraud (billing for services not rendered); postal service fraud (faking the weight of parcels to not pay the full amount to the post office for services rendered); student loan fraud (lying to get more federal funds); and customs fraud (lying about the value of items being shipped).
If you have questions about Qui Tam law and how it may affect you if you do file a lawsuit, speak to a skilled attorney who will be able to answer your questions and outline what happens at every stage of the process.
Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.
What on Earth Is the Sarbanes Oxley Act?
If you don’t know what this Act does, it’s time your business did some research. Businesses need to be in compliance with this Act.
Many businesses wonder whether or not they need to be aware of or even comply with the Sarbanes-Oxley Act of 2002. There are advocates for it and against it, largely because some people feel it’s a paper chase without teeth, but by and large, it is considered to be one of the most far-reaching securities legislation ever passed.
Its effect in a nutshell, was to have every company that files reports with the Securities and Exchange Commission (SEC) have increased corporate responsibilities and obligation when it came to dealing with money. Looking at the Sarbanes-Oxley Act of 2002 from another point of view, it becomes clear that non-compliance will significantly penalize company boards. Generally speaking, messing with this Act is never a good idea, which is why legal counsel with extensive experience in this area is a smart business move to ensure compliance.
Part of the Act, brought into effect in 2002, created the Public Company Accounting Oversight Board (PCAOB). Its raison d’être was to oversee auditing public companies. They’re almost as powerful as the IRA and can inspect, investigate and enforce compliance from any company they have in their sights. The PCAOB sets rules for audit reports as well as standards to be adhered to for accounting, and it is mandatory for all companies to be registered with them.
Any and all financial transactions that go to the bottom line of a company must be disclosed according to this Act and all pertinent details must be precise as to time, date, place, reason and where the money went when it was received.
There are to be no personal loans to executives or company directors and all annual reports need to include a statement that specifically says management is responsible for the internal company control structure and financial reports. Woe betides the person or persons who alters, destroys, hides or falsifies records or documents. If found out and prosecuted under the auspices of the Sarbanes-Oxley Act, those found in breach usually face hefty fines and up to 20 years in jail.
Even attorneys and their role of representing public companies before the Securities Exchange Commission are covered in this act. In fact, a section of the Sarbanes-Oxley law requires attorneys to report securities violations to the CEO.
Many of you reading this information will know the Sarbanes-Oxley Act of 2002 for a different reason; the protection of whistleblowers. One section of the act specifically states that any employee who reports an unlawful act is protected. The misconduct or illegal actions may be those of the employer, superior or a colleague.
Whistleblowers have a valuable role to play in keeping companies on the straight and narrow ethical path. They offer the police truthful inside information and run the risk of being the brunt of hostility in the workplace. At one time, employers could retaliate and fire a whistleblower, punish them by other means, such as demoting them or cutting their salary. This is now illegal and thanks to a whistleblower, the company is stopped in its tracks from continuing with their illegal actions. Any employer who tries to retaliate is subject to up to ten years in prison and a significant fine.
Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.
Recalled Toyota Results in Life-Altering Potential Spinal Cord Injury
The Camry was recalled, but the owner didn’t know about it. Because of the defect, the owner may have life-altering spinal cord injuries.
This was one of those accidents that never should have happened. A recalled Toyota Camry was involved in a horrendous crash that left the driver in critical condition with possible spinal cord injuries - injuries that may change his whole life.
This was single car accident and involved four occupants in the vehicle at the time. The car was being driven by Theo Anders (names have been changed to protect the victims and their families) who was just about to pull into a parking spot when his car took off at high speed. Anders tried braking, but to no avail; the brakes didn’t work. The resulting crash was extremely violent due to the speed the car was traveling.
This particular model, a 2010 Toyota Camry, was one of seven other models made by Toyota that were recalled due to defective gas pedals. Responding emergency medical services crews took the four occupants in the vehicle to the nearest medical facility for immediate treatment. The driver, Anders, was listed in critical condition and with the distinct possibility that he may have a spinal cord injury, as he had no feeling in his legs when he was pulled out of the wreck.
Defective product cases are always difficult for everyone involved. Anders was driving his car just like usual, never for a moment suspecting that there may have been a problem that would possibly turn his life upside down in the blink of an eye. He had the right to expect that the product he was driving was in good working order and would not harm him.
Anders made it a point to contact an experienced personal injury attorney, one who had a track record of handling life-altering personal injury cases. This was a wise move on his part, as cases like this need qualified legal representation in order to ensure the victim gets a fair and equitable settlement.
Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.
Beware of Check Fraud
When cash is tight in a recession, check fraud is a serious matter. Be aware that check forgeries are still a major problem in banking circles.
At one time there used to be a great deal of check fraud going on. With the advent of the Internet, fraud schemes that became even more popular involved things like stealing identities and credit card numbers through electronic means; often referred to as “phishing.” Unfortunately however, check forgery and other alterations are still a major problem that you need to know about.
Losing any money out of your bank account that you did not expect may cause real financial problems for people these days. Even if the money is eventually given back, it takes a long time to file a dispute and see it through to its conclusion. In some instances, one fraudulent check can put a family behind on paying their bills, like their mortgage payment. If you are facing foreclosure, you need to know what kinds of check frauds are prevalent today.
The first kind of fraud you may run across is when someone forges your signature on a check and then blatantly proceeds to cash it. If that happens, the bank normally takes the loss, because they weren’t paying attention to the signature on the check. Frankly, most banks don’t take the time to check signatures anymore.
In cases like this, a forged signature does not mean you are responsible because the signature is ineffective. What this means is that your bank may only take funds out of your account if the check they have in their hands is properly payable. A check with a forged signature is not considered to be properly payable. It’s up to the bank to check the customer’s signature to spot possible forgeries.
Other forgeries that appear to be relatively successful these days are check endorsements. This could happen if your check was stolen or you lost it after you signed it. However, this is another example of a check that is not properly payable. It the bank does debit your account, it should be responsible for giving it back later.
Altering checks after they have been written is another favorite fraud tactic, with the leading alteration being the amount being changed. When the alteration is made fraudulently and the customer did not make it and initial the change, you have no obligation. Sadly, some banks will go ahead and debit for the original amount indicated on the check making it still a good deal for thieves to alter checks.
If you think something like this has happened to you, work with the bank to get the situation sorted out, but make sure you do this quickly, as there are strict statutes of limitations in place.
Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.
Employers and Employees Should Know Their Rights
Did you know that there are some questions an employer may not ask? It is illegal to bring some things up in a job interview.
It happens; employers try and ask illegal job interview questions, but in such a way that they don’t sound like one of the “no-no” questions. This is illegal and no matter what way they try to phrase their question, you are protected from being discriminated against unfairly. Be on your toes and know which questions are illegal and why the question “is” illegal.
It’s a major tenet in the US that no one may be discriminated against because of their nation of origin, color or race. This law is enshrined in the Civil Rights Act (1964) and was later expanded to other groups. An example of an illegal question in this area could be: “ Since you’re Mexican and don’t speak English that well, how do you think you will fit in with an all English speaking work crew who doesn’t speak Spanish?”
If you happen to be Catholic or Protestant or Muslim, the interviewer cannot ask you what religion you are and this right also comes under the auspices of the Civil Rights Act. Even a question that comes out like: “Is your family involved in church activities?” is not allowed.
During your job interview you may not be asked anything that refers to pregnancy, marriage or sex. This ban is imposed by the Equal Pay Act (1963) and someone who tries to ask if you are planning on having more children (or any children) is way out of line.
Another Act that you may be familiar with is the Wagner Act (1935) that protects individuals from being discriminated against due to any affiliations with groups, most often unions. That means the interviewer may not ask if you have ever been a member of a union. Nor may they ask how old you are, so if they try and sneak in a question about birthdays, be on your guard. The Age Discrimination in Employment Act (1967) takes care of that illegal question. Age may be relevant if you are under 18-years old and are applying for a job that requires years of training in a particular skill. Nonetheless, they are still not allowed to ask that question.
Asking someone if they have physical or mental disabilities is also illegal and a potential employer may not ask this is any way, shape or form, not even “Would you require medical support while working?” There is one rather gray area here, and that relates to someone who may need a larger screen to see properly or a special chair. These requirements may be discussed; however, it’s usually the applicant that brings this up by way of mentioning what they need to work there, not because the employer asks. People with disabilities are guaranteed protection under the Americans with Disabilities Act (1964).
Keep in mind that just because these questions are not allowed to be asked doesn’t stop someone from asking them anyway. Why would they do that if they’re not allowed to ask them according to the law? That’s the issue; they aren’t aware of the law. However, having said that, not knowing the law when you are an employer is no excuse. For those of you who are asked questions like this, you have the right to refuse to answer them.
Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.
The Product Was Marketed as Safe, but It Harmed Me
Even though there are some products on the market that are supposed to be safe, they might harm you. Consumer protection laws protect you.
It’s pretty much a given that at some point in time, some manufacturer will put something on the market and it turns out to be dangerous or defective and causes someone serious harm, or kills them. There are countless examples of these kinds of items that range from children’s cadmium filled jewelry to the Prius recall.
So what protects consumers like you and me from these products? The short answer is consumer protection laws. In a nutshell, these laws are government regulations that protect you and me, which isn’t to say that we may still not be harmed by a dangerous product, but with these regulations, we have a way to hold the manufacturer accountable.
When it comes to public health and safety, these particular laws may actually mandate that businesses roll out all the information they have about the various products they make and distribute. The area that most people are familiar with is food and drugs. No doubt you will immediately know the name Food and Drugs Administration otherwise referred to as the FDA. It only makes good sense that drugs are heavily regulated, although in some cases, regulations or not, harm still comes to consumers by taking the drugs.
It should go without saying that consumer rights are directly tied to consumer protection. After all, as consumers of the goods that are produced for the marketplace, we have various rights that can’t be trampled on by companies making items for our consumption. You’ll probably know immediately that our first and primary right is to “not” be injured by something that was marketed as being safe.
If someone “is” harmed by a product, we have ways to hold them accountable. The main method is to file a defective/dangerous product lawsuit. Manufacturers must be held to a high standard if they are going to be making items that we would use on a daily basis. If we use the products because we assume they are safe – because the maker said they were – if that product harms us, we have recourse to bring them to justice.
If you have been harmed by a product that was marketed as being safe, and it wasn’t, speak to a competent personal injury attorney to find out what your rights are. Keep in mind that just because a product didn’t work like it was supposed to work does not mean it is defective or dangerous. This is something to need to discuss with a seasoned attorney.
Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.
Workplace Harassment Illegal
Being harassed in the workplace is illegal. It doesn’t get any clearer than that.
Most people work for someone else and earn a paycheck. While they might not really care for their job, it does pay the bills and allows people to save a few dollars now and then. Whether or not you like your job has a great deal to do with the workplace environment. Under a lot of stress? Then you may want to rethink just what you’re doing there.
Every workplace has its own culture and sub-culture; call it cliques if you will. If you aren’t part of one of those “groups” then you may find yourself on the outs with a large segment of the people you work with; people who may conspire to make your life at work really miserable. This isn’t a soap opera, although it may sound like one, and happens daily across the nation in thousands of businesses. While it’s not very professional, people still tend to indulge in behavior like this. As a Dallas employment lawyer, I have seen many examples of this over my years of practice.
You might be able to ignore some of the drama, but the reality is that you have to work with these people. And, another reality is that humans play favorites and don’t always like others they work with, which often leads to disrespect in the office. If one person has a hate on for you and gets others to feel the same way, this is a conspiracy and usually leads to harassment.
Harassment makes the person on the receiving end of such activity feel threatened, persecuted and unsafe. It then becomes a tool to make someone stick out like a sore thumb. If the whole idea was to get rid of the person because there weren’t adequate grounds to fire them, this route often will do the job and force the employee into resigning.
If you’re currently in a situation like this and aren’t sure if there is anything you are able to do about it, make it a point to speak to a seasoned Dallas employment lawyer and get the straight goods on what your rights are.
Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com