FAQs Archive

What is constructive discharge?

A constructive discharge occurs when the working conditions are so intolerable that a reasonable person in the employee’s position would feel forced to resign.

What is the impact of an offer of reinstatement?

If an employer makes an unconditional offer of full reinstatement and the former employee rejects the offer, the rejection of the offer can bar a claim … Continued

What is a false claim under the False Claims Act?

False Claims Under False Claims Act The False Claims Act imposes civil liability on “any person who . . . knowingly presents, or causes … Continued

Can a false reason for an employment action prove discrimination?

Yes, if the jury finds that the reason the employer has given for taking an adverse employment action is unworthy of belief, the jury may, … Continued

What evidence is required to prove age discrimination?

How to Prove Age Discrimination To establish an age discrimination claim, the employee must show that: they were older than 40; their suffered an … Continued

What is perceived whistleblowing?

Courts and administrative tribunals have construed whistleblower protection laws to protect employees from adverse employment actions because they are suspected of having engaged in protected … Continued

What is direct evidence of discrimination?

Direct evidence is evidence of conduct or statements that reveal a discriminatory motive for the adverse employment action, i.e., proves the fact of discriminatory animus without … Continued

What is Required to Prove Gender Discrimination?

Absent direct evidence of discrimination, victims of gender-based discrimination prove their claims under the McDonnell Douglas burden-shifting framework. There are three steps to the McDonnell Douglas … Continued

Is threatening a countersuit against a whistleblower an act of retaliation?

Yes, some courts have held that threatening to sue a whistleblower can be retaliatory if the counterclaim (i) lacks “reasonable basis in fact or law” … Continued

What whistleblowing is protected conduct under the False Claims Act?

The False Claims Act protects: “lawful acts . . . in furtherance of an action under [the FCA]”; and “other efforts to stop 1 or … Continued

Does the False Claims Act protect whistleblowers against retaliation?

False Claims Act Whistleblower Retaliation Yes: the False Claims Act (“FCA”) protects employees, contractors, and agents who engage in protected activity from retaliation in … Continued

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