The document discusses illegal practices conducted by the U.S. Government Accountability Office (GAO) against a former employee. It notes that GAO management knowingly presented inaccurate and nonfactual information about the employee's work performance and background to other agencies. It provides examples of settlement offers from 2016 and 2019 that contained threats and illegal terms. The document alleges that GAO continued these illegal practices over several years through their Office of General Counsel and Human Capital Office, even after the employee resigned. It asserts that GAO overreached its authority and violated the law on multiple occasions.
DEFERRED ACTION – discretionary determination to defer removal action of an individual as an act of “prosecutorial discretion”.
“Deferred Action” (DA) does not confer lawful status upon an individual. In addition, although an individual whose case is deferred will not be considered to be accruing “unlawful presence” in the U.S. during the period deferred action is in effect, deferred action does not excuse any previous or subsequent periods of unlawful presence.
How to Avoid Costly H-1B Visa Compliance Mistakes in the Trump Era of Heighte...Badmus & Associates
The Trump administration has declared that "protecting American workers by combating fraud in our employment-based immigration programs is a priority."
As a result, the Department of Homeland Security, Department of Labor, and Department of Justice have announced plans to take a "more targeted approach" and aggressively audit H-1B employers and the work sites of H-1B employees.
Watch this webinar and find out how to protect your business and employees under the Trump enforcement policy.
Topics include:
✔What to expect from the Trump administration's newly announced H-1B policy of putting American workers first
✔How to avoid and address immigration discrimination claims by U.S. citizens and others
✔When employers are required to onboard and pay the new H-1B employee and the three steps you must undertake to effectively terminate employment of your H-1B workers.
✔How to document and support the salary offered for the H-1B position and avoid wage disputes and claims.
✔What are the recordkeeping requirements mandated by the Department of Labor (DOL) and how to maintain records that will survive a DOL audit.
✔How to deal wih company structure, employment conditions, and other changes that affect your H-1B worker's immigration status.
✔The timelines and deadlines you must observe to avoid loss of legal status and employment eligibility of your H-1B employee.
✔How to prepare for and survive government audits of your H-1B visa compliance program.
Sexual Orientation Discrimination: What You Need to Know About the EEOC’s Cur...Parsons Behle & Latimer
Parsons Behle & Latimer Employment Law Seminar - October 11, 2016 - Boise, Idaho
Recently, the EEOC has begun challenging sexual orientation discrimination as a form of illegal gender bias. Liz will discuss the background of the EEOC’s approach and suggest ways your company can avoid becoming a target of a discrimination suit.
Fifth letter to the Board: Staff Contact, WhistleBlower Policy, and Transpare...Save_GVHC
The GVHC Board should consider the following: (1) Relaxing Board-Staff Contact; (2) Implementing a Robust Whistleblower Policy; and (3) Increasing Transparency.
Grievance complaint, reporting violation of one or more state and federal laws protecting employees against harassment, intimidation, retaliation, over-monitoring, increased surveillance, threat and false reporting.
Sexual Orientation Discrimination: What You Need to Know About the EEOC’s Cur...Parsons Behle & Latimer
28th Annual Parsons Behle & Latimer Employment Law Seminar - April 28, 2016 - Salt Lake City, Utah
Recently, the EEOC has begun challenging sexual orientation discrimination as a form of illegal gender bias. Liz will discuss the background of the EEOC’s approach and suggest ways your company can avoid becoming a target of a discrimination suit.
DEFERRED ACTION – discretionary determination to defer removal action of an individual as an act of “prosecutorial discretion”.
“Deferred Action” (DA) does not confer lawful status upon an individual. In addition, although an individual whose case is deferred will not be considered to be accruing “unlawful presence” in the U.S. during the period deferred action is in effect, deferred action does not excuse any previous or subsequent periods of unlawful presence.
How to Avoid Costly H-1B Visa Compliance Mistakes in the Trump Era of Heighte...Badmus & Associates
The Trump administration has declared that "protecting American workers by combating fraud in our employment-based immigration programs is a priority."
As a result, the Department of Homeland Security, Department of Labor, and Department of Justice have announced plans to take a "more targeted approach" and aggressively audit H-1B employers and the work sites of H-1B employees.
Watch this webinar and find out how to protect your business and employees under the Trump enforcement policy.
Topics include:
✔What to expect from the Trump administration's newly announced H-1B policy of putting American workers first
✔How to avoid and address immigration discrimination claims by U.S. citizens and others
✔When employers are required to onboard and pay the new H-1B employee and the three steps you must undertake to effectively terminate employment of your H-1B workers.
✔How to document and support the salary offered for the H-1B position and avoid wage disputes and claims.
✔What are the recordkeeping requirements mandated by the Department of Labor (DOL) and how to maintain records that will survive a DOL audit.
✔How to deal wih company structure, employment conditions, and other changes that affect your H-1B worker's immigration status.
✔The timelines and deadlines you must observe to avoid loss of legal status and employment eligibility of your H-1B employee.
✔How to prepare for and survive government audits of your H-1B visa compliance program.
Sexual Orientation Discrimination: What You Need to Know About the EEOC’s Cur...Parsons Behle & Latimer
Parsons Behle & Latimer Employment Law Seminar - October 11, 2016 - Boise, Idaho
Recently, the EEOC has begun challenging sexual orientation discrimination as a form of illegal gender bias. Liz will discuss the background of the EEOC’s approach and suggest ways your company can avoid becoming a target of a discrimination suit.
Fifth letter to the Board: Staff Contact, WhistleBlower Policy, and Transpare...Save_GVHC
The GVHC Board should consider the following: (1) Relaxing Board-Staff Contact; (2) Implementing a Robust Whistleblower Policy; and (3) Increasing Transparency.
Grievance complaint, reporting violation of one or more state and federal laws protecting employees against harassment, intimidation, retaliation, over-monitoring, increased surveillance, threat and false reporting.
Sexual Orientation Discrimination: What You Need to Know About the EEOC’s Cur...Parsons Behle & Latimer
28th Annual Parsons Behle & Latimer Employment Law Seminar - April 28, 2016 - Salt Lake City, Utah
Recently, the EEOC has begun challenging sexual orientation discrimination as a form of illegal gender bias. Liz will discuss the background of the EEOC’s approach and suggest ways your company can avoid becoming a target of a discrimination suit.
Cook Little's Jen Moeckel Presents: Hey Startups: Hire Right!Tom Elliott
Led by employment lawyer Jen Moeckel of Cook Little Rosenblatt, & Manson PLLC, this session will provide an overview of the hiring process, independent contractor/employee/intern classifications, and wage & hour and other compliance issues.
The seminar will also provide tips for designing and implementing employee agreements to protect your company’s IP and confidential information.
Slides presented November 1st, 2012 at the Idea Greenhouse in Durham NH. See www.ideagreenhouse.biz for more information.
Go to: http://www.clrm.com/
October 1st marks the beginning of the “onboarding” of new H-1B employees at many companies throughout the United States. Winning the lottery and having H-1B Petitions approved by United States Citizenship and Immigration Services (USCIS) were just two initial steps involved in the hiring and retaining process of talented foreign nationals in the United States. Carefully onboarding the H-1B employee is as crucial as selecting, hiring and bringing them into the United States (or assisting in changing their nonimmigrant status in the United States). This article briefly addresses few very basic but very important topics that HR Managers, HR Professionals and Business Owners should be aware of, and religiously comply with, in order to avoid potential pitfalls pertaining to the onboarding of new H-1B employees.
The H-1B visa program permits a United States employer (“employer”) to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (“INA” or “Act”) requires that an employer pay an H-1B worker the higher of the actual wage or the locally prevailing wage, in order to protect U.S. workers and their wages. Under the Act, an employer seeking to hire a foreign national in a specialty occupation on an H-1B visa must receive permission from the Department of Labor (“DOL”) before the alien may obtain an H-1B visa. The Act defines a “specialty occupation” as an occupation requiring the application of highly specialized knowledge and the attainment of a bachelor’s degree or higher. The Act requires an employer seeking permission to employ an H-1B worker to submit and receive an approved Labor Condition Application (“LCA”) from the DOL.
Foley v. Interactive Data Corp. (1988) 47 C3d 654 [After .docxbudbarber38650
Foley v. Interactive Data Corp. (1988) 47 C3d 654
[After Interactive Data Corporation fired plaintiff Daniel D. Foley, an executive employee, he filed this
action seeking compensatory and punitive damages for wrongful discharge. Foley asserted several
distinct theories for wrongful discharge, including a tort cause of action alleging a discharge in violation of
public policy and a contract cause of action for breach of an implied-in-fact promise to discharge for good
cause only.
The Court of Appeal determined that Foley alleged no statutorily based breach of public policy sufficient
to state a cause of action, and that his claim for breach of implied contract to discharge only for good
cause was barred by the statute of frauds. The California Supreme Court granted review to consider the
Court of Appeal determinations.]
* * * *
Facts
* * * *
According to the complaint, plaintiff is a former employee of defendant, a wholly owned subsidiary of
Chase Manhattan Bank that markets computer-based decision-support services. Defendant hired plaintiff
in June 1976 as an assistant product manager at a starting salary of $18,500. As a condition of
employment defendant required plaintiff to sign a "Confidential and Proprietary Information Agreement"
whereby he promised not to engage in certain competition with defendant for one year after the
termination of his employment for any reason. . . . It did not state any limitation on the grounds for which
plaintiff's employment could be terminated.
Over the next six years and nine months, plaintiff received a steady series of salary increases,
promotions, bonuses, awards and superior performance evaluations. In 1979 defendant named him
consultant manager of the year and in 1981 promoted him to branch manager of its Los Angeles office.
His annual salary rose to $56,164 and he received an additional $6,762 merit bonus two days before his
discharge in March 1983. He alleges defendant's officers made repeated oral assurances of job security
so long as his performance remained adequate.
Plaintiff also alleged that during his employment, defendant maintained written "Termination Guidelines"
that set forth express grounds for discharge and a mandatory seven-step pretermination procedure.
Plaintiff understood that these guidelines applied not only to employees under plaintiff's supervision, but
to him as well. On the basis of these representations, plaintiff alleged that he reasonably believed
defendant would not discharge him except for good cause, and therefore he refrained from accepting or
pursuing other job opportunities.
The event that led to plaintiff's discharge was a private conversation in January 1983 with his former
supervisor, Vice President Richard Earnest. During the previous year defendant had hired Robert Kuhne
and subsequently named Kuhne to replace Earnest as plaintiff's immediate supervisor. Plaintiff learned
that Kuhne was currentl.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
Cook Little's Jen Moeckel Presents: Hey Startups: Hire Right!Tom Elliott
Led by employment lawyer Jen Moeckel of Cook Little Rosenblatt, & Manson PLLC, this session will provide an overview of the hiring process, independent contractor/employee/intern classifications, and wage & hour and other compliance issues.
The seminar will also provide tips for designing and implementing employee agreements to protect your company’s IP and confidential information.
Slides presented November 1st, 2012 at the Idea Greenhouse in Durham NH. See www.ideagreenhouse.biz for more information.
Go to: http://www.clrm.com/
October 1st marks the beginning of the “onboarding” of new H-1B employees at many companies throughout the United States. Winning the lottery and having H-1B Petitions approved by United States Citizenship and Immigration Services (USCIS) were just two initial steps involved in the hiring and retaining process of talented foreign nationals in the United States. Carefully onboarding the H-1B employee is as crucial as selecting, hiring and bringing them into the United States (or assisting in changing their nonimmigrant status in the United States). This article briefly addresses few very basic but very important topics that HR Managers, HR Professionals and Business Owners should be aware of, and religiously comply with, in order to avoid potential pitfalls pertaining to the onboarding of new H-1B employees.
The H-1B visa program permits a United States employer (“employer”) to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (“INA” or “Act”) requires that an employer pay an H-1B worker the higher of the actual wage or the locally prevailing wage, in order to protect U.S. workers and their wages. Under the Act, an employer seeking to hire a foreign national in a specialty occupation on an H-1B visa must receive permission from the Department of Labor (“DOL”) before the alien may obtain an H-1B visa. The Act defines a “specialty occupation” as an occupation requiring the application of highly specialized knowledge and the attainment of a bachelor’s degree or higher. The Act requires an employer seeking permission to employ an H-1B worker to submit and receive an approved Labor Condition Application (“LCA”) from the DOL.
Foley v. Interactive Data Corp. (1988) 47 C3d 654 [After .docxbudbarber38650
Foley v. Interactive Data Corp. (1988) 47 C3d 654
[After Interactive Data Corporation fired plaintiff Daniel D. Foley, an executive employee, he filed this
action seeking compensatory and punitive damages for wrongful discharge. Foley asserted several
distinct theories for wrongful discharge, including a tort cause of action alleging a discharge in violation of
public policy and a contract cause of action for breach of an implied-in-fact promise to discharge for good
cause only.
The Court of Appeal determined that Foley alleged no statutorily based breach of public policy sufficient
to state a cause of action, and that his claim for breach of implied contract to discharge only for good
cause was barred by the statute of frauds. The California Supreme Court granted review to consider the
Court of Appeal determinations.]
* * * *
Facts
* * * *
According to the complaint, plaintiff is a former employee of defendant, a wholly owned subsidiary of
Chase Manhattan Bank that markets computer-based decision-support services. Defendant hired plaintiff
in June 1976 as an assistant product manager at a starting salary of $18,500. As a condition of
employment defendant required plaintiff to sign a "Confidential and Proprietary Information Agreement"
whereby he promised not to engage in certain competition with defendant for one year after the
termination of his employment for any reason. . . . It did not state any limitation on the grounds for which
plaintiff's employment could be terminated.
Over the next six years and nine months, plaintiff received a steady series of salary increases,
promotions, bonuses, awards and superior performance evaluations. In 1979 defendant named him
consultant manager of the year and in 1981 promoted him to branch manager of its Los Angeles office.
His annual salary rose to $56,164 and he received an additional $6,762 merit bonus two days before his
discharge in March 1983. He alleges defendant's officers made repeated oral assurances of job security
so long as his performance remained adequate.
Plaintiff also alleged that during his employment, defendant maintained written "Termination Guidelines"
that set forth express grounds for discharge and a mandatory seven-step pretermination procedure.
Plaintiff understood that these guidelines applied not only to employees under plaintiff's supervision, but
to him as well. On the basis of these representations, plaintiff alleged that he reasonably believed
defendant would not discharge him except for good cause, and therefore he refrained from accepting or
pursuing other job opportunities.
The event that led to plaintiff's discharge was a private conversation in January 1983 with his former
supervisor, Vice President Richard Earnest. During the previous year defendant had hired Robert Kuhne
and subsequently named Kuhne to replace Earnest as plaintiff's immediate supervisor. Plaintiff learned
that Kuhne was currentl.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
Charge simply means 'accusation'.
A charge is a formal recognition of concrete accusations by a magistrate or a court based upon a complaint or information against the accused.
A charge is drawn up by a court only when the court is satisfied by the prima facie evidence against the accused.
The basic idea behind a charge is to make the accused understand what exactly he is accused of so that he can defend himself.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
3. reputation
reputation
noun
Rep-u-ta-tion |
Definition of reputation
1a: overall quality or character as seen or judged by people in general
1b: recognition by other people of some characteristic or ability
2 : a place in public esteem or regard: good name
Source: Online dictionary of Merriam-Webster at https://www.merriam-webster.com/dictionary/reputation.
Accessed 10/2/2019.
3
4. Government Accountability Office (GAO)
A FEDERAL OVERSIGHT AGENCY FOR THE
U.S. CONGRESS KNOWINGLY
PRESENTED, PROCESSED, AND COMMUNICATED
INACCURATE & NONFACTUAL PAPERWORK AND STATEMENTS
ABOUT ME, A FORMER EMPLOYEE,
TO OTHERS*
AS BOTH TRUTHFUL AND FACTUAL
4
*including OPM and NARA See also Title 18, U.S.C. 1001 (a)(2)
5. Evidence: My Professional Audit Work
Performance
• I worked professionally at GAO as an IT Analyst from July 2010 –
June 2016.
• Prior to my planned resignation in June 2016, I consistently met and
exceeded ALL performance targets and competencies, as evidenced
by semi- and annual performance based compensation (pay raises)
in the target categories of (1) working with others; (2) maintaining
own workload; (3) achieving results; (4) producing quality work; (5)
maintaining client focus; (6) thinking critically; (7) presenting in
writing; and (8) presenting information orally, amongst other
competency categories.
• I retained all of my records: check stubs, SF-50s, and the
downloads from the performance appraisal system as evidentiary
conclusive and corroborative facts of my exemplary audit work
performance.
5
11. basis for retaliation: 2016 settlement
offer terms (see slide 6, left side)
• The 2016 settlement offer by Joan Hollenbach, Managing
General Counsel, stated, in part, that
• “Ms. Johnson agrees that she shall not seek any significant
changes to the terms and conditions of her employment with GAO
during her remaining employment, including, but not limited to, a
promotion, a pay raise, a change in duties, a transfer to another
office, or a transfer to another GAO team or GAO work unit.”
Although I planned my resignation for June 2016, I did
feel threatened by these words,
as would any reasonable person.
11
12. basis for retaliation: 2016 settlement
offer terms (see slide 6, left side)
• The 2016 settlement offer by Joan Hollenbach, GAO
Managing Associate General Counsel, was entirely
ridiculous and thus, ignored by me entirely.
• “If asked by a state unemployment benefits/unemployment
compensation office about the circumstances under which Ms.
Johnson left GAO, GAO will reply that Ms. Johnson resigned
because she was about to be removed from her position.”
• This statement, as the others, are wholly and unequivocally
(illegal) inaccurate and nonfactual.
12
16. BROAD OVER-REACH
• no employer, including gao, will ever be able to tell an this employee
where they she can work. this is an illegal practice.
&
• no employer, including gao, will ever be able to tell an this employee
that they will inform the state unemployment agency that I was
about to be removed/fired when that is a wholly inaccurate and
nonfactual statement. this is an illegal practice.
16
17. TO ENSURE THAT THE INTENT
AND PURPOSE (REASON) OF MY
RESIGNATION WAS NOT IN ANY
WAY MISCONSTRUED, I
RESIGNED AFTER THE DATE OF
JUNE 11, 2016
TO MAKE CLEAR THE OBVIOUS:
17
24. GAO OGC/PAB
• However, Joan Hollenbach,
describes and acknowledges
that GAO management staff –
from two different
departments - have taken
illegal actions against me.
• She advises that she is
“aware that (I) was not
charged with, much less
convicted, of a crime, felony
or otherwise…in any other
jurisdiction.”
Joan Hollenbach is the GAO Managing Associate General Counsel. 24
25. GAO Office of General Counsel (OGC)
• GAO Assistant General Council
Wesley Dunn insists in writing
that this “normal practice” will
continue and is “in no way
unlawful” and that “this practice”
“will continue…in the future.”
• Wesley Dunn advised me that
GAO will continue its practice of
advising prospective employers
of information known to be
inaccurate and nonfactual. 25
30. RECAP: The U.S. Government
Accountability Office (GAO)
A FEDERAL OVERSIGHT AGENCY FOR THE
U.S. CONGRESS WILLINGLY
PRESENTED, PROCESSED, AND COMMUNICATED
INACCURATE & NONFACTUAL PAPERWORK AND STATEMENTS
ABOUT ME
TO OTHERS*
AS BOTH TRUTHFUL AND FACTUAL
*including OPM and NARA
30
See also Title 18, U.S.C. 1001
(a)(2)
31. abbreviations
hco human capital office
ogc office of general counsel
pab personnel appeals board
usc united states code (the code of laws of the United States of America)
#MeToo #BlackLivesMatter #Diversity #InformationProfessional #STEM
31