Category Archives: Investigations

Fourth District Issues Limitations Opinion Regarding Internal Workers’ Compensation Fraud Investigations

English: Image is similar, if not identical, t...

English: Image is similar, if not identical, to the California Department of Corrections and Rehabilitation patch. Made with Photoshop. (Photo credit: Wikipedia)

The Court of Appeal for the Fourth District today issued an opinion in California Department of Corrections and Rehabilitation v. State Personnel Board (Moya), Case No. Cite as D061653, __ Cal. App. 4th __ (4th Dist. April 26, 2013).  The court considered whether the Public Safety Officers Procedural Bill of Rights Act, Gov. Code § 3300 et seq., excepts internal workers’ compensation fraud investigations from the one-year limitations period established in section 3304, subdivision (d)(1).  The court concluded that it does and affirmed the judgment.

Judges & Attorneys

Presiding Justice Judith McConnell delivered the opinion for the court, with Associate Justices James A. McIntyre and Joan Irion concurring.

Appeal from a judgment of the Superior Court of Imperial County, Judge Donal B. Donnelly.

Michelle L. Hoy and Rudy E. Jansen for Real Party in Interest and Appellant.

Kamala D. Harris, Attorney General, Alicia M. B. Fowler, Senior Assistant Attorney General, and Chris A. Knudsen, Deputy Attorney General, for Plaintiff and Respondent California Department of Corrections and Rehabilitation.

By CHARLES H. JUNG

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Immediate Steps to Take Upon an Employee’s Departure for a Competitor

Security camera at London (Heathrow) Airport. ...
Image via Wikipedia

Richard C. Darwin posted a useful summary and reminder of the steps an employer should take once an employee has decided to pursue an opportunity with a direct competitor.  Darwin recommends the following nine common-sense precautionary measures to be taken right away to reduce the risk of lost or deleted evidence:

  1. Secure the defecting employee’s computer and make sure no one uses it.
  2. If the IT department recycles backup tapes, immediately suspend that practice.
  3. Check the former employee’s office or workspace for missing documents and files.
  4. Get copies of the tapes or electronic files if the building has security cameras. Continue reading
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