|
jadegrniiz
|
 |
« on: January 21, 2004, 05:35:29 pm » |
|
My dad is in a bad spot - he's working for a guy that breaks all the rules.... from fudging his quarterly IRS reports to mistreating his employees (asked my dad once if he made a mistake by hiring a geezer, and etc) and not carrying Worker's Comp Insurance. Keep in mind that my dad's position is office - accounting based.
Two weeks ago, dad was asked to stop at a chemical supply and pick up 80lb bags of something (don't know why or what) on his way to the office. While unloading, my dad threw out his back. He wanted to go to the doctor, but his boss wouldn't let him. He then said he wanted paperwork for WC claim, boss told him, essentially, to take a jump off a bridge. My dad made a complaint with the state.
Today, an investigater called - boss was out of the office so my dad answered. The guy is on his way as we speak. He will tell the boss that he received a complaint, and wants proof of current WC insurance - and his failure to do so will result in the shutting down of his business and 3rd degree felony charges. My dad then checked his messages at home, and received a call from the investigator as well. He called back, and talked about his fear of being revealed as the complainant. The investigator promised to mislead the boss as to who the reporter was - and would say it was a construction worker.
My dad is convinced he's going to get fired. Does anyone know what rights he has as a Whistleblower?
Jadegrniiz
Peer Moderator
|
|
|
|
|
Logged
|
|
|
|
|
Christine Itterly
|
|
« Reply #1 on: January 21, 2004, 05:40:29 pm » |
|
Jade,
Where are you located. The first thing I would do is to contact your state government office. Look for the divison that handles wages and compensation. From there they should be able to anwser your questions. The other option would be to contact a lawyer who handles workers compenstation cases.
I hope everything works out for your dad.
|
|
|
|
|
Logged
|
|
|
|
|
blufire21
|
|
« Reply #2 on: January 21, 2004, 05:51:05 pm » |
|
Whistleblower rights used to be only for government contracts and jobs due to missuse of funds and other bad things that the government could not have in their jobs and contracts. Like if a person was recieving kickbacks from a potiential contractor for a gov. job.
But...since the whole Enron/Worldcom mess, I believe that some states have put a Whistleblower law in effect for non-gov employees.
In your dad's case, the law is on his side. He's hurt his back, and when he went to his employer, he was denied any sort of access to WC. He logged a complaint. Now, if he is fired, he has an excellent case for wrongful termination. Even though most states have "at will" employement, this would be a retaliation for logging a complaint. He should have some protection. I suggest he call a lawyer and get some advice.
Ellen in TX
|
|
|
|
|
Logged
|
|
|
|
essexbob
Newbie
Posts: 16
|
|
« Reply #3 on: January 22, 2004, 10:19:52 am » |
|
In the UK there's a great site I've used in a similar situation called www.pcaw.co.uk (public concern at work). In the UK true whistleblowing has to be based on public interest and whistleblowers usually have to have exhausted internal avenues / complaints procedures etc. In the USA I've looked at www.whistleblowing.org. Don't know how reliable it is but it covers government and commercial employers. Good luck. |
|
|
|
|
Logged
|
|
|
|
|
blufire21
|
|
« Reply #4 on: January 22, 2004, 02:43:29 pm » |
|
So what was the outcome of the gov. guy showing up? Keep us informed, and we're all hoping things will be ok.
Ellen in TX
|
|
|
|
|
Logged
|
|
|
|
|
jadegrniiz
|
|
« Reply #5 on: January 22, 2004, 03:20:01 pm » |
|
Well, the investigator showed up, talked to the boss. Boss got mad, investigator demanded to see his checking account register showing payment for WC dating back to the last known policy on file with the state, dated 1995! Boss got even madder - refused - and the investigator left stating he'd be back on the 5th day with a stop work order (shuts down the business until coverage is proven). Dad talked with the investigator later in the evening - after work - and the guy told my dad that this boss will be fined $1000 PER DAY for every day he has not had WC Insurance. The statute limits the fine to 3 years - so his fine will be a cool $1.1 million bucks. The fine, BTW (hehehe!) is shielded from bankruptcy. Further, in the event the company has to sell off it's assets and close down in order to pay the fine.... boss MUST pay unemployment to ALL of his staff (not just the ones who have been there 6 or more months). Dad talked to his attorney - who told him that if he's fired or denied work for any reason because of this, they can sue for back pay and damages. He thought he was escaping the system to make more money - and hydra-bossie got burned, BAD! BTW - we are in Florida, USA  Thanks for all the replies. Jadegrniiz Peer Moderator |
|
|
|
|
Logged
|
|
|
|
|
bethanial
|
|
« Reply #6 on: January 22, 2004, 04:26:32 pm » |
|
Good to know that the bad bossie will get what he deserves, and that your dad will be all right!
Peer Moderator
|
|
|
|
|
Logged
|
|
|
|
|
blufire21
|
|
« Reply #7 on: January 22, 2004, 05:39:26 pm » |
|
I'm glad to hear that bad bossies are not getting away with things.
Ellen in TX
|
|
|
|
|
Logged
|
|
|
|
|
elkiedee
|
|
« Reply #8 on: January 23, 2004, 01:00:23 pm » |
|
Well done to your father, but I hope it all works out for him personally too, and that you'll keep us posted...
|
|
|
|
|
Logged
|
|
|
|
|
blufire21
|
|
« Reply #9 on: January 28, 2004, 03:02:33 pm » |
|
Any updates overthere? I'm curious to see what bossie did when he had to come up with those checking registers.
Ellen in TX
|
|
|
|
|
Logged
|
|
|
|
|
jadegrniiz
|
|
« Reply #10 on: January 28, 2004, 04:55:04 pm » |
|
Not too recently updated by dad, but he did say that bossie went to a PEO and signed up for insurance, but that only settled the "No-Work" order.... there is still a fine to contend with for the failure to carry it for the past 9 years. Because of statutes, the max fine is $1.1 million, but I'm sure they will settle for less (but that's a rant - our schools could sure use a million bucks!).
He's got an interview for another job, so hopefully he'll get it and get the heck out of there!
Thanks for asking about him!!!
Jadegrniiz
Peer Moderator
|
|
|
|
|
Logged
|
|
|
|
|
blufire21
|
|
« Reply #11 on: January 28, 2004, 09:30:30 pm » |
|
I'll keep my fingers crossed that he gets a new, better job fast.
Ellen in TX
|
|
|
|
|
Logged
|
|
|
|
|
jadegrniiz
|
|
« Reply #12 on: January 30, 2004, 09:28:22 pm » |
|
Well - update.
Dad went to work today and got fired. Apparently, while "out sick" for his interview yesterday, the boss was served papers from the state, and isn't in the least bit happy about it.
Dad's got a call into his attorney, and is filing for unemployment today. With the state behind him verifying his story, the boss has little ground to stand on to attempt to deny payment.
The Worker's Comp investigator told my dad to journal EVERY detail of the bossie's financial situation so that nothing will be forgotten.
Whew!
Jadegrniiz
Peer Moderator
|
|
|
|
|
Logged
|
|
|
|
|
blufire21
|
|
« Reply #13 on: January 30, 2004, 11:24:56 pm » |
|
We even though he was fired, I'm glad he's out of there. It's not very healthy to work under that kind of enviroment. I'll keep my fingers crossed that he finds his dream job.
Ellen in TX
|
|
|
|
|
Logged
|
|
|
|
|
