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September 2014 Archives

5 ways people are sexually harassed at work

People in Washington, D.C. who work deserve to do their job in an environment that allows them to feel same from unwanted attention, insults and groping of a sexual nature. Because too many workplaces are still the site of sexual harassment, it is necessary to have laws giving victims the power to fight back against this shameful conduct.

GINA restricts use of genetic information in employment decisions

Federal law prohibits employers from committing several forms of discrimination against their employees and those applying for a job. This includes prejudicial treatment because of a person’s race, religion, gender, or because the person is older. Victims of workplace discrimination in one of these forms have the right to sue the offending workplace for damages.

VA Whistleblower In Minneapolis Alleges Wrongful Firing

Our client, Leticia Alonso, was formerly employed as a Medical Support Assistant Supervisor in the GI Department at the Minneapolis VA. In or around May 2014, she began reporting that GI consults were not being scheduled in a timely manner. Patients were to be contacted within 7 days and an appointment was to be scheduled within 14 days from the date of referral by a physician. Instead, Ms. Alonso reported consults were severely overdue, one as old as 46 days overdue. She also reported that she was being instructed to cancel patient appointments and enter false comments into the VA system, such as patient declined appointment, or no response from patient, when in fact the patient had never been called about the appointment and that certain more symptomatic patients were being placed on a secret waitlist instead of in the official VA system. Ms. Alonso alleges that as a result of her reports, on June 4, 2014, she received a notice of proposed removal and was subsequently removed from service on July 1, 2014.

Nursing home settles lawsuit alleging overstated Medicaid reimbursement claims:

Federal and state laws prohibit healthcare providers from submitting overstated bills to the government.  These laws are generally called false claims act or qui tam cases and the person who blows the whistle may recover damages.  False claims can take many forms including overstated invoices and out and out theft. 

Do you have to participate in company sponsored Wellness programs?

It is very trendy these days for companies to encourage their employees to lead healthier lives in an effort to drive down the cost of health care premiums.  Towards this end, many companies have instituted what are commonly known as "wellness programs", where they ask their employees exercise, give up smoking or generally lead healthier lifestyles.  While these programs may be well intentioned, risks arise when the companies require their employees to disclose medical information about themselves as part of the wellness program and single out employees who don't feel comfortable complying with their requests.

When can a federal employee appeal a forced retirement to MSPB?

We frequently consult with longtime federal employees who are towards the end of their careers and find themselves dealing with a new and unpleasant supervisor who makes their work life hell.  By the time they get to us the situation at work is bad.  Either the supervisor has issued discipline, rated them unacceptably, or placed them on a PIP.  We are frequently asked if they can claim that they were forced to quit and then pursue a claim against the agency at MSPB.

I have been a litigator for close to 20 years and Alan is most certainly one of the best attorneys I have ever come across.
Mr. Lescht is an excellent Trial Lawyer, He is calm, cool, and collected.
I also appreciated Alan's frankness and his ability to identify what is important and what is not when going through a case like this.
I would highly recommend Alan to anyone who needs an exceptional and incredibly talented Employment Attorney.
Mr. Lescht is an extraordinarily responsive attorney, returning my emails and phone calls within minutes. I would absolutely recommend him to anyone who thinks they may need a lawyer. Definitely incredible work.
I was impressed with his knowledge and professionalism, and I will always be grateful for his guidance.

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