Performance review: after-acquired evidence allowed in wrongful discharge suits

Article Abstract:

The Colorado Supreme Court and the Second Circuit Court both held that after-acquired evidence could be used to either eliminate or reduce employer liability for wrongful discharge. The Supreme Court, in Crawford Rehabilitation Services v. Weissman, found that lying on a job application could eliminate employer's liability in a contract-based liability case. The Circuit Court, in Vichare v. AMBAC, found that evidence of kickbacks could be used to undermine the plaintiff's credibility and reduce liability even in cases alleging race discrimination.

Employee Termination, Cases, Colorado, Employee dismissals, Employment terminations, Employment at will, After-acquired evidence (Law), Newly acquired evidence

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Painful treatment; providers feel sting of two-prong government attack on health care fraud

Article Abstract:

The government will wage an increased fight against health care fraud and malpractice lawsuits through a new law and stiffer enforcement. The law is the Health Insurance Portability and Accountability Act of 1996, and one of the provisions of this law is the creation of statutes covering fraud in all federal health care programs and some private ones. Evidence of stiffer enforcement is the exclusion of 2,700 individuals and entities guilty of fraud or professional misconduct from doing business with government health care programs.

Laws, regulations and rules, Health insurance, Insurance fraud

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