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Three Internal Strategies To Address Potential FCA Whistleblower Lawsuits And Boost EPLI Coverage

FCA whistleblower lawsuits have become a problem across the country. In light of the growing number of False Claims Act (“FCA”) suits brought by qui tam FCA whistleblowers in 2014, it’s important for a company to have internal strategies to address potential lawsuits and boost EPLI Coverage. In 2014, more than 700 FCA whistleblower suits were filed in the United States. The Department of Justice (“DOJ”) recovered over $5 billion from target businesses in qui tam litigation.

FCA Whistleblower Lawsuits

fca whistleblower

FCA Whistleblower Lawsuits

More importantly, the “original source” precedent holding that whistleblowers must play a direct role in public disclosures in order to file suit has been abandoned. The legal precedents that once discouraged whistleblowers to file lawsuits have been reversed by a decision by the 9th circuit court. As a result, many shark-in-the-water lawyers are now encouraging employees to file such lawsuits. The floodgates have opened for more whistleblower lawsuits to be filed.

Such qui tam suits are a real danger to many mid-sized companies, particularly if they file claims with the government for payment of money. Qui tam is an abbreviation from the Latin phrase meaning, “who as well for the king as for himself sues in this matter.” Qui tam cases are different from other types of lawsuits that involve a personal stake. In qui tam lawsuits like whistleblower cases, the person bringing the lawsuit is not the one who has been harmed.

False Claims Act Challenges

This intensifying storm of FCA litigation is reason for concern to any business that files claims with the government for payment of money. By choosing to accept money from the government, a business exposes itself to potential FCA liability. With this growing risk of claims brought under the FCA’s whistleblower provisions, the stakes of losing FCA litigation are significant.

Faced with ever-increasing liability, insurance carriers are now desperately trying to close the floodgates by denying FCA insurance recovery claims. Policyholders who fail to recognize insurance company denial tactics can make the mistake of failing to believe they are covered. Luckily, by working with a professional employer organization, you can avoid such problems.

EPLI Coverage

With the EPLI coverage provided by Total HR Management, such coverage is provided. It is even more essential is to develop internal strategies within your company to avoid FCA whistleblower lawsuits.

Three Internal Strategies To Address Potential FCA Whistleblower Lawsuits:

  1. Proceed with the understanding that FCA whistleblower claims are covered.

If you work with a professional employer organization, proceed with the understanding that FCA claims are covered. In order to gain such confidence, discuss the issue with your HR manager.

  1. Implement appropriate internal procedures to flag and address qui tam-related events.

Government inquiries often arise in the course of whistleblower litigation. Evidence of such an investigation may be a very informal or seemingly run-of-the-mill request for information. Such inquiries, no matter how routine, flag an immediate need to evaluate insurance. The best time to devote legal resources to FCA insurance issues is at this early stage.

Companies should analyze the implications of complex and often contradictory notice obligations. Companies cannot conduct such a review, however, unless qui tam related inquiries are directed to appropriate personnel. To do this, policies and procedures should be put in place for employees at all company levels to identify and report qui tam-related events.

  1. Conduct annual review of policies for qui tam and FCA coverage.

A company should assess and develop a working qui tam internal strategy long before it is faced with a qui tam claim. Policies should include provisions that accommodate the unique aspects of qui tam claims, such as the fact that whistleblower lawsuits can be filed under seal, and a policyholder may not learn that a lawsuit has even been filed for several years.

To learn more about EPLI coverage for your business and FCA whistleblower lawsuit protection, contact the human resources managers and professionals at Total HR Management by calling (800) 975-5128 today.

 

No Legal Advice Intended: This blog includes information about legal issues and legal questions. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You must not rely on the information on this website as an alternative to legal advice from your attorney or other professional legal services provider.

David Oates Reveals How Inexpensive Marketing Strategies Can Benefit Companies At The January Business Growth Workshop

david oates

David Oates at the Business Growth Workshop

In a truly engaging presentation on marketing a business for next to nothing, David Oates provided tremendous insight into inexpensive marketing strategies at the University Club in Pasadena. As the speaker at the first Business Growth Workshop of 2015, David Oates deployed his extensive experience as president of the San Diego marketing firm, Stalwart Communications, to show Pasadena Entrepreneurs how to effectively activate marketing strategies. As the current president of the University Club’s Board of Governors, James Harwood of Total HR Management was happy to start off the year’s monthly workshops on such a positive note.

David Oates & A Marketing Blueprint

Beyond providing a blueprint for modern marketing on a tight budget, David Oates offered the business owners a clear methodology of how to execute such a plan. The goal of the presentation was to deliver effective marketing tactics that the business owners could literally start implementing upon returning to their offices. David Oates believes a small to mid-sized business can begin generating positive awareness and business interest in a matter of weeks if they remain consistent. With only 20 minutes of effort each day, the long-term results often are often quite impressive.

David Oates asked the business owners at the University Club what they believed were the reasons behind implementing such a plan. Many jumped on board the evident bandwagon of bringing in new business and increasing profits. David Oates agreed that such a goal should always be at the heart of any marketing plan. What he also pointed out is there is much more that can be accomplished and inquired about what such goals could possibly be.

David Oates on Marketing & Human Resources

david oates

David Oates & James Harwood at the University Club

James Harwood of Total HR asked whether David Oates thought there could be a synergistic relationship between a marketing plan and the management of human resources. David Oates pointed out that such a synergy was not only present, but needed as well. Providing an inspiring example in relation to the recruitment and selection functions of human resources, David Oates explained:

“Without question, one of the most challenging tasks for any organization is finding good people to hire. Whatever the job market, effective recruitment and selection is always difficult. A truly overlooked benefit of a targeted marketing campaign is a positive upswing in the recruitment of top-quality employees. By generating a strong awareness of a company’s positive culture and employment opportunities, the human resources team gains a leg up in recruiting the best candidates for a position.”

As Total HR Management evolves their business model by opening up a staffing division, the insight of David Oates makes perfect sense. By marketing the core values of a company, you make the company not only a more desirable place for potential clients, but also a more desirable destination for top-flight candidates.

David Oates

The Interactive Business Growth Workshop with David Oates at the University Club

Business Growth Workshops A Successful Start To 2015

At the University Club in Pasadena, the latest Business Growth Workshop illuminated a lot more than just marketing. By showing the holistic synergy of a successful business and how marketing plays a role in illuminating that synergy, David Oates provided real insight into the importance of HR management. He revealed how human resources, marketing and all other major branches of a business need to work in conjunction to make a strong tree of success that can stand tall and proud.

5 Key Differences Between Modern HR Management Of Employees And Old-Fashioned Personnel Management

Effective HR management of employees is a modern version of what used to be called personnel management. Although there are overlaps between HR management of employees and personnel management, there are some differences and definitive improvements that need to be recognized.

Modern HR Management Benefits:

1. Traditional personnel management focused on personnel administration and basic labor relation issues. In contrast, the HR management of employees is more diverse, focusing on recruitment and selection into the workplace; ongoing motivation and morale in the workplace; and the maintenance of benefits administration and insurance requirements like EPLI for managers and their employees in the workplace. Modern HR management in the form of PEO options offers a wide range of potential services.

hr management

Modern HR Management Delivers Results

2. Under traditional personnel management, employees are provided with less training and development opportunities. Although it is important to keep employees happy, it also is just as important from this old-fashioned perspective to keep them in their place. Under HR management of employees, training and development opportunities are employed to maximize employee productivity and effectiveness. Rather than install an artificial glass ceiling, the ultimate potential of each employee is gauged, then fitted to a position that takes full advantage of their talents and ongoing evolution.

3. In traditional personnel management perspectives, employees are expected to know what is allowed and what is not allowed in a workplace. Any problems can be navigated once they arise. In the HR management of employees, employee handbooks are distributed that provide specific guidelines in terms of behavior and expectations. Rather than allow problems to arise, a professional employer organization takes advantage of an extensive track record of experience to address challenges and issues in advance before they reach the actual point of being real problems in the workplace.

Employee Handbooks & Modern HR Management

4. Traditional personnel management focuses on increasing production while keeping employees satisfied and moving forward from an external perspective. The modern HR management of employees helps to hit the mark of a company’s productivity and profitability benchmarks by fostering a supportive workplace culture that promotes effective strategies across the board. Rather than just focus on the surface, modern HR management makes sure that problems are not being generated from dissatisfaction within by fostering employee feedback mechanisms and giving managers effective methods to keep track of a company’s internal temperature.

5. In traditional companies, personnel management is a routine function that covers the same bases, year in and year out without external engagement. Human resources management is a strategic function that keeps track of external innovation and technological advancement, making sure that the HR management of employees remains up-to-date with a definitive awareness of the latest cost-saving and productivity-improving resources.

Help from Professional Employer Organization

As a professional employer organization, Total HR Management provides our client companies with the very best in modern human resources management options. To learn more about how our tailored services can help your company and address your specific needs, please call 800.975.5128 for a free consultation.

SHRM Offers Mobile Human Resources Content As Total HR Management Recognizes The Evolution Of HR Services And Tools

As human resources content goes mobile, Total HR Management understands how important it is for our human resources professionals to continue evolving while providing the best services to client companies. As a result, the decision of the Society for Human Resource Management (SHRM) in 2012 to provide mobile human resources content makes perfect sense to us. This human resources content is now accessible through Smartphones, Nooks, Kindles, iPads and more. Total HR Management supports this forward-thinking decision by SHRM as a step in the right direction in a modern technological age.

Positive Evolution Of Mobile Human Resources Content

Total Hr Management Believes Mobile Human Resources Content Equals Mobile HR Power

The mobile human resources content that SHRM provides is updated regularly to reflect the latest legislative and HR developments. In addition, SHRM’s mobile human resources content provides a valuable reference tool that is easily accessible. If you have questions about modern human resources management, this is a decent place to start. Even better, contact Total HR Management directly by calling (800) 975-5128. All of our HR professionals have earned their PHR or SPHR Certification through SHRM, and they can show you why our PEO tailored solutions can work for your company.

Mobile Human Resources Equals Effective HR Management

Whether our human resources managers and professionals are present onsite or consulting from a remote location, we always are using the latest updates in technology and mobile human resources content to improve the quality of our PEO services. As the information age evolves and human resources content becomes universally more accessible, Total HR Management has adapted to raise the quality of our HR services. If you want to learn more about how Total HR Management can help manage your HR challenges and how we tailor our PEO solutions to meet your needs, contact us by calling toll free (800) 975-5128 to learn more.

7 Common Mistakes Managers Make (and How to Avoid Them)

Managers play a key role for any business. Growth and success of an organization will largely rely on their expertise and experience to manage certain tasks. Unfortunately, mistakes are inevitable in the business world. Whether you’re an amateur or veteran in managing, you are bound to make mistakes as you further your career. In addition, a study shows that over half of the manager population received no training whatsoever prior entering their respective fields of work. To guide you in becoming a good manager, here is a list of the 7 most common mistakes that managers make and tips to avoid them.

Micromanaging

New managers perceive the urge to assert their newly established authority and entrench their role as the boss. They also feel the need to guarantee their group is victorious in all tasks. They suddenly find themselves accountable for the actions and performances of their employees. As a result, they resort to micromanaging to feel their power.

Tip: No one wants to be micromanaged. Doing so will turn your employees against you and create a bad environment for your organization. Delegate, create deadlines, and hone expectations, but allow the employee to decide how he/she will be completing the task.

Insufficient directions

This is another common mistake that may arise when you take micromanaging to the extremes. While you should avoid micromanaging, leaving your workers with scarce information to work on isn’t good either. Workers should be fully briefed of what they should expect from respective projects, what their objectives should be, and what the standards of success should be.

Tip: Call out your employees and discuss what the desired results and goals should be and the most efficient ways to reach it. Inquire if any employee has ideas of their own regarding how best to complete the task, etc.

Neglecting employees’ personal problems

New managers are usually promoted due to their outstanding project management skills and relevant professional attributes. In most cases, they do not have any training or experience on how to handle personal issues in the workforce. Nonetheless, if performance or behavioral issues go unresolved, the business can suffer greatly for it.

Tip: Always address these problems immediately. Talk with the employee/s in private and ask your Human Resource department for advice.

Taking on too much

Driven to demonstrate their qualifications and worthiness for a promotion, new managers tend to take on too much work. Eventually, it blows up in their face. Managers assume they will be able to maintain recent quality levels and even accept new tasks concurrently. They do not consider the chunk of time it consumes to manage workers.

Tip: Learn how to balance your roles. Know when you need to refuse any more projects or unreasonable time frames for completion of projects.

Being stagnant

This is a mistake commonly made by newly promoted internal managers. While it isn’t exactly necessary to forget your old friends and co-workers or undergo a complete personality makeover, you should be ready to adapt to changing environments.

Tip: New management should avoid gossips or whining and display a positive and professional attitude at once.

Too many alterations

New managers exaggerating on the previous tip may end up making this mistake. Making too many changes after a promotion can turn out bad for you.

Tip: Take time to make the necessary adjustments entailed from your new role and establish solid relationships first prior considering making any significant changes.

Not abiding to human resource laws and policies

While it is committed unintentionally, new managers tend to break regulations set forth by their HR department. While new managers are aware of major laws like racial discrimination, they sometimes forget to account for minor acts of racism, sexual harassment, and sexism.

Tip: Always ask questions appropriate for the subject, be it an interview or monthly assessment. In addition, know what queries you can and can’t ask to your employees.

This article originally appeared on officespaceforrent.org


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