Posted: November 28th, 2013
The response given by Joseph Wellington gives a general explanation but fails to include details of the questions asked. For example, as Wellington is being asked to clarify on the term qui tam, he does not include the response in the answer he gives. He only gives a basic explanation on handling cases that concern government businesses. The response would have been more effective if it answered all the questions that were being asked by the participant. If I was in Wellington’s position, I would have considered answering one question after the other and then summarize the results in a way that would be comprehensible to the participant. This would involve explaining the key terms before answering the main question.
A qui tam is a form of injunction in which a person who helps in a prosecution case is able to obtain a major part of any sentence obligated. Qui tam is an acronym that represents the Latin words, “qui tam pro domino rege quam pro sic ipso in hoc parte sequitur” to mean that, “he who as well for the king as for himself sues in this matter” (Secunda, 2009). It describes the legal system in which individuals with proof of swindle against national programs to take legal action against the wrongdoer in place of the government.
A procedure in Qui tam is applied below the Act of false claims by a confidential claimant in place of the state instead of the government (Secunda, 2009). However, the government usually has the right to be involved or decline to the qui tam action and therefore, the private plaintiff can be allowed to continue pursuing the case on his own account. The qui tam requirements include well-built incentives that account on cases of fraud against the state and participation in the resultant legal action.
Whistle blowing can be defined as the revealing done by members of an organization concerning unlawful and depraved actions that occur under the management of their managers to other organizations that would probably cause action. Whistle blowing secures workers who report on unpleasant misconduct of other workers (Kohn, 2001). Several forms of misconduct that can be categorized in whistle blowing are law or rule violation, unpleasant mismanagement and squander of funds and abuse of power. The protection act of whistle blowing was made active in the year 1989 by a particular congress. Workers who state their accusations against their superiors are secured from any retaliating attempts that may be formed against them (Kohn, 2001). One of the requirements in retaliation is that the worker should have evidence that proves his employer was aware of his worker’s involvement in the secured conduct.
Employees are expected to ensure that the information they give out to the legal authorities is accurate. This means that allegations or accusations made in whistle blowing should not rely on work hearsays, suspicion or rumors and hence it should rely on facts. For example, an employee should prove that his superior actually tool adverse action against him. In addition, it is vital to gather proof before stating accusations in order to build a strong foundation on the stated claims. One of the procedures involved in whistle blowing requires the worker in an organization to report the involved misconduct to the supervisor in charge (Kohn, 2001).
However, if the concerned superior fails to take action, the worker has the right in reporting the incident to another organization. For example, in a violation concerning security can be reported to a Health organization. Workers are also at liberty to communicate with the Investigator at the General agency. The act involving false claims offers a way for workers to report on injustices against the state in the private segment. Any particular organization is expected to perform its business operations with the utmost standards of social existence and corporate principles.
Kohn, S. M. (2001). Concepts and procedures in whistleblower law. Westport, Ct: Quorum Books.
Secunda, P., New York University., & Annual Conference on Labor. (2009). Retaliation and whistleblowers: Proceedings of the New York University 60th annual conference on labor. Alphen aan den Rijn: Kluwer Law International.
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