Job Corps Fraud Blog

Nationwide mismanagement of Job Corps calls for action!

“No employer shall make, adopt or enforce any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency…”

This is from the Massachusetts State Attorney General’s Office… each state has its own Office of the Attorney General

PART I ADMINISTRATION OF THE GOVERNMENT
TITLE II EXECUTIVE AND ADMINISTRATIVE OFFICERS
OF THE COMMONWEALTH
Chapter 12 Department of the Attorney General and the District Attorneys
DEPARTMENT OF THE ATTORNEY GENERAL
ALM GL ch. 12, ß 5J (2008)
ß 5J. Employee Protection.
(1) No employer shall make, adopt or enforce any rule, regulation,
or policy preventing an employee from disclosing information to a
government or law enforcement agency or from acting to further a
false claims action, including investigating, initiating, testifying, or
assisting in an action filed or to be filed pursuant to said sections
5B to 5O, inclusive. No employer shall require as a condition of
employment, during the term of employment, or at the termination
of employment, that any employee agree to, accept or sign any
agreement that limits or denies the employee’s rights to bring an
action or provide information to a government or law enforcement
agency pursuant to said sections 5B to 5O, inclusive. Any such
agreement shall be void.
(2) No employer shall discharge, demote, suspend, threaten, harass,
deny promotion to, or in any other manner discriminate against
an employee in the terms or conditions of employment because of
lawful acts done by the employee on behalf of the employee or
others in disclosing information to a government or law enforcement
agency or in furthering a false claims action, including investigation
for, initiation of, testimony for, or assistance in an action
filed or to be filed pursuant to sections 5B to 5O, inclusive.
(3) Notwithstanding any general or special law to the contrary, an
employer who violates paragraph (2) shall be liable for such damages
or equitable relief as a court shall deem appropriate, including:
reinstatement with the same seniority status such employee
would have had but for the employer’s violation of sections 5B to
5O, inclusive, two times the amount of back pay, interest on the
back pay, and compensation for any special damage sustained as a
result of the employer’s violation of said sections 5B to 5O, inclusive.
In addition, the defendant shall be required to pay litigation
costs and reasonable attorney’s fees. An employee may bring an
action in the appropriate superior court or the superior court of the
county of Suffolk for the relief provided in this section.
(4) An employee who is discharged, demoted, suspended, harassed,
denied promotion, or in any other manner discriminated
against in the terms and conditions of employment by his employer
because of participation in conduct which directly or indirectly resulted
in a false claim being submitted to the commonwealth or a
political subdivision thereof shall be entitled to the remedies pursuant
to paragraph (3) only if both of the following occurred:
(i) the employee has been harassed, threatened with termination or
demotion, or otherwise coerced by the employer or its management
into engaging in the fraudulent activity in the first place; and
(ii) the employee voluntarily disclosed information prior to being
dismissed to a government or law enforcement agency or acts in
furtherance of a false claims action, including investigation for,
initiation of, testimony for, or assistance in an action filed or to be
filed.

PART I ADMINISTRATION OF THE GOVERNMENTTITLE II EXECUTIVE AND ADMINISTRATIVE OFFICERSOF THE COMMONWEALTHChapter 12 Department of the Attorney General and the DistrictAttorneysDEPARTMENT OF THE ATTORNEY GENERALALM GL ch. 12, ß 5J (2008)ß 5J. Employee Protection.(1) No employer shall make, adopt or enforce any rule, regulation,or policy preventing an employee from disclosing information to agovernment or law enforcement agency or from acting to further afalse claims action, including investigating, initiating, testifying, orassisting in an action filed or to be filed pursuant to said sections5B to 5O, inclusive. No employer shall require as a condition ofemployment, during the term of employment, or at the terminationof employment, that any employee agree to, accept or sign anyagreement that limits or denies the employee’s rights to bring anaction or provide information to a government or law enforcementagency pursuant to said sections 5B to 5O, inclusive. Any suchagreement shall be void.(2) No employer shall discharge, demote, suspend, threaten, harass,deny promotion to, or in any other manner discriminate againstan employee in the terms or conditions of employment because oflawful acts done by the employee on behalf of the employee orothers in disclosing information to a government or law enforcementagency or in furthering a false claims action, including investigationfor, initiation of, testimony for, or assistance in an actionfiled or to be filed pursuant to sections 5B to 5O, inclusive.(3) Notwithstanding any general or special law to the contrary, anemployer who violates paragraph (2) shall be liable for such damagesor equitable relief as a court shall deem appropriate, including:reinstatement with the same seniority status such employeewould have had but for the employer’s violation of sections 5B to5O, inclusive, two times the amount of back pay, interest on theback pay, and compensation for any special damage sustained as aresult of the employer’s violation of said sections 5B to 5O, inclusive.In addition, the defendant shall be required to pay litigationcosts and reasonable attorney’s fees. An employee may bring anaction in the appropriate superior court or the superior court of thecounty of Suffolk for the relief provided in this section.(4) An employee who is discharged, demoted, suspended, harassed,denied promotion, or in any other manner discriminatedagainst in the terms and conditions of employment by his employerbecause of participation in conduct which directly or indirectly resultedin a false claim being submitted to the commonwealth or apolitical subdivision thereof shall be entitled to the remedies pursuantto paragraph (3) only if both of the following occurred:(i) the employee has been harassed, threatened with termination ordemotion, or otherwise coerced by the employer or its managementinto engaging in the fraudulent activity in the first place; and(ii) the employee voluntarily disclosed information prior to beingdismissed to a government or law enforcement agency or acts infurtherance of a false claims action, including investigation for,initiation of, testimony for, or assistance in an action filed or to befiled.

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Filed under: Whistleblowers,

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