CRIMINAL PROSECUTION OF UNEMPLOYMENT COMPENSATION FRAUD:

Continuing from my previous post.

How long does the State have to prosecute you for unemployment compensation fraud? The State of Florida must commence prosecution within three (3) years of the last day the fraud was committed, per Statute 775.15(2)(b).

Unemployment Compensation Fraud

Did you get a letter from the Agency for Workforce Innovation saying you committed fraud?

As they notified you in the letter, it is a third-degree felony (punishable by up to 5 years in prison, by the way) to make a "false statement or representation, knowing it to be false, or knowingly fail to disclose a material fact to obtain or increase any benefits..." per Florida Statute 443.071.

Can my employer fire me if I report my employer's wrong-doing to a government agency?

It depends. Florida Statute 448.102 states that an employer cannot fire, demote or suspend you if you disclose or threaten to disclose the wrong-doing to an appropriate government agency, in writing, under oath. However, you have to first bring the wrong-doing to the attention of your supervisor, in writing, in order to give the company a "reasonable opportunity" to correct whatever it is the company is doing unlawfully. If the employer does not correct it, and you report it, or threaten to do so, and as a result they fire, suspend or demote you, you have a claim of action against them. You can ask for reinstatement and compensation for lost wages and benefits. The court can also award attorney's fees to the prevailing party.

Pregnancy Accommodation

As most of you know, the Pregnancy Discrimination Act is an amendment to Title VII which prohibits discrimination because of pregnancy, childbirth or related medical conditions. An employer is subject to this Act if it employs 15 or more people. Now, a pregnant employee comes to you, the employer, with a doctor's note saying that she has a lifting restriction of ten (10) pounds. She is not medically disabled, so the Americans with Disabilities Act is not triggered. Do you have to accommodate her anyway? It depends. You must treat her the same way you treat "other individuals partially incapacitated." What does this mean? It means you have to accommodate her the same way you would someone who is not pregnant.

Volunteer vs. Ordered into Active Duty

We have service men and women on Reserve who want to volunteer for yet another tour. Yes, I said volunteer. They have been asking whether an employer must take them back if they volunteer as opposed to being ordered.