Employment Lawyer Blog

The Washington Examiner reports that a jury has weighed in favor of the claimants in a profound racial discrimination and retaliation case involving five black police officers in Washington D.C. The $900,000 verdict aims to compensate the officers, who worked for the First District's Focus Mission Unit - a top level vice squad. Their commanding officer, Lieutenant Wilkins, allegedly engaged in racial discrimination back in 2006. On June 16, 2006 the five officers got together and wrote a letter complaining about what was going on in their department. Several months later, the officers got targeted - transferred to lower positions and taken out of their unit.

More disturbingly, their commanders allegedly did not tell the 5 officers about armed robbery suspects around them and also withheld info about critical observation posts. In addition to demoting/transferring the elite officers out of their unit, the upper echelon of the force moved Wilkins into "a more prestigious position," according to the Examiner.

The jury believed the claimants' argument that retaliation occurred in response to the anonymous letter (and follow-up official complaint) of racial discrimination. That said, a spokeswoman for the D.C. police told the Examiner that the department will likely appeal the decision.

As this story shows, racial discrimination, harassment, and retaliation can rear its head even in institutions designed specifically to protect the public interest. If you or a loved one or co-worker has experienced something like this - such as being demoted or fired for complaining about unfair treatment at work or hostile comments from your boss - you may be entitled to significant compensation and other legal remedies.

The attorneys at Joseph, Herzfeld, Hester & Kirschenbaum can help you explore your rights. For a free and zero-obligation consultation, dial 1-866-348-7394 right now, or review www.jhllp.com for more info about the attorneys and firm's philosophy.

On July 15th, Congress passed the Wall Street Reform and Consumer Protection Act - H.R. 4173 - which provided a number of additional protections for whistleblowers, including a qui tam provision that rewards whistleblowers monetarily for alerting authorities to fraud in the stock and commodities industries. The Act also strengthened anti-retaliatory measures for workers who reveal fraud to commodities agencies and/or the SEC and who give info to the Bureau of Consumer Financial Protection (a new organization established by the law).

Prior the passage of H.R. 4173, whistleblowers at rating organizations like Standard & Poor's lacked effective protection. The bill fixes the Sarbanes-Oxley Act (SOX) to close loopholes, so that employees even at rating agencies can feel free to come forward with allegations of fraud or misconduct. The Executive Director of the National Whistleblower Center, Stephen Kohn, sung praises of the legislation. According to an official PR statement, Kohn said that "[H.R.4173] is one of the most important advances in whistleblower legislation to date...the anti-retaliation laws of the past have not adequately protected the public interest because employees remain afraid to make disclosures."

Kohn also noted that the whistleblower system must have built-in incentives; otherwise, employees might be tempted to allow fraud to go unchecked because it would not be in their financial interest to come forward. While whistleblower advocates generally celebrated this bill, others in the community want further action to protect federal employees, so that they too can feel freer to come forward and expose fraud and corruption and bad practices.

If you or someone you love has witnessed fraud, corruption, or unfair practices, and you are considering blowing the whistle, you are perhaps wrestling with the issue. You may be confused, afraid, and more than a little overwhelmed by what blowing that whistle might mean for your career and legacy, and even what the legal implications might be for you.

To get a free and confidential consultation with the Joseph, Herzfeld, Hester & Kirschenbaum team, call 866-348-7394 or visit the firm on the web at www.jhllp.com. It takes courage, a strong backbone, and a deep sense of ethics to go through with the whistleblowing process. But if you expose fraud and corruption, you can significantly change peoples' lives for the better. Joseph, Herzfeld, Hester & Kirschenbaum attorneys can also talk to you if you have questions regarding harassment, employment discrimination, or retaliation.

The U.S. Equal Employment Opportunity Commission (EEOC) won a resounding victory in an age discrimination case on June 14th when an Arizona packaging company was ordered to pay out $250,000 to three 40-something claimants. The settlement followed a Ninth Circuit Court of Appeals reversal of a lower court judgment that had originally dismissed claims against the company (TIN Inc) by awarding the company a summary judgment.

In its review last October, the Ninth Circuit Court of Appeals found that two TIN Inc supervisors had said things that led the jury to conclude "that they harbored discriminatory animus towards older workers." The container board company will pay $0.25 million to the three fired employees, who worked at TIN Inc from 2000 to 2005. In addition, the company must educate all employees about the Age Discrimination in Employment Act of 1967.

Last year, the EEOC collected over $72 million for age discrimination claimants, and the organization received nearly 23,000 complaints.

If you or a coworker or a loved one has been demoted, fired, sexually harassed, or discriminated against on the basis of your age, and you are 40+ years of age, you may be able to take legal action pursuant to the Age Discrimination in Employment Act. For fast and immediate assistance with your case, connect now with the lawyers at Joseph, Herzfeld, Hester & Kirschenbaum at (866)348-7394 or www.jhllp.com.

Remember: Age discrimination can work subtly and viciously to deprive you of opportunity, influence and income. Connect with our attorneys to develop your most effective response now.

Allegations of sexual harassment and retaliation have led to the downfall of David Davidar, the former CEO of Penguin Canada and one of India's most iconic publishing legends. Lisa Rundle, a woman who worked for Penguin for three years, filed a sexual harassment suit against Davidar and another lawsuit against Penguin for firing her in retaliation after she initiated complaints.

Rundle claims that Davidar began harassing her in 2007 by leering at her and making suggestively sexual comments. The following year, he allegedly called her at night seeking to be let into her house and sent her unwanted text messages and emails. Finally, at the Frankfurt Book Fair, Davidar allegedly forced his way into Rundle's hotel room and kissed her. Rundle seeks nearly $0.5 million from Penguin for the wrongful termination as well as $100,000 in damages specifically from Davidar.

Another suit may further complicate matters for both Davidar and Penguin. Samantha Francis, the publishing icon's former executive assistant, has also filed a sexual harassment against her ex-boss.

The legal wrangling over specifically what transpired at Penguin among Rundle, Francis, Davidar, and other managers and human resources people will likely continue for months if not years. The complexity of this case - as well as the media scrutiny, especially from international outlets such as Globe and Mail - illustrates just how important it is for claimants to have excellent attorneys helping them when they come forward with allegations.

To that end, if you or a family member has been struggling with sexual harassment or other kinds of discrimination at work, please call (866) 348-7394 today to discuss your case in full confidence with the attorneys of Joseph, Herzfeld, Hester & Kirschenbaum. You can read more about us at www.jhllp.com. Educate yourself about your rights in order to defend them - connect with us for a free consultation.