I want to be whistle Blower for my company and I want to report the frauds done by the company. I want to know what statues are there for these frauds.

If the owner of the company is found that, he is sending a wrong person for the project instead of right one what action the US Government can take , will that be a identity theft. For example the person A gives the interview and gets a job and instead of person A , Person B is send as Person A for the project, is it consider a major felony.

What penalty a government can give if a company is guilty in promoting fake resume?

I would appreciate if you help me in this matter.

Thanks,

Vik:)

I'm not sure anyone here is going to know the details, but you definitely need to seek the advice of an attorney.

Does your company do business with the government?

"Right" person vs. "wrong" person? What makes one the "right" one and the other the "wrong" one?

The company is an indian staffing consulting firm who just bring the H1B guys and takes big percentage of their salary for placing them.

H1b wage issues is handle by the federal labor department, this is not a whistleblower issue, I think...

The company is an indian staffing consulting firm who just bring the H1B guys and takes big percentage of their salary for placing them.

Isn't it about a year or certain amount of time? Some people find a job for people and charge a fee..it's legal, some people do sign contracts for this.

H1b wage issues is handle by the federal labor department, this is not a whistleblower issue, I think...

So the "right" person would be a U.S. Citizen and the "wrong" person would be someone in the U.S. on an H1-B visa? Sounds a bit bigoted to me.

What LAW do you think has been violated that would make this a whistleblower issue? Agree with Army, I'm not seeing it.

Wait, is the OP saying that they are bringing people into the country on a visa with another person's name on it? I couldn't quite understand, but that's what I was gathering from the post. Couldn't this be an ICE issue?

i think what nanthank is saying is that the company is seeking a project for billy bob but bobby joe is better at interviewing or has better skills for the project. so the company sends bobby joe for the interview and when he is approved for the project, billy bob is actually sent to the location (the interview was not at the location where the job is so the manager at the location has no idea who was at the interview).

There are no laws that govern who a staffing agency actually places absent an actual contract between the parties for Bobby or Billy or Joe. Even then the government isn't going to get involved. The company that signed the contract with the agency (assuming there is one) might have a legal case for breach of contract but that isn't something you would be involved with. That would be between the two companies as a private matter.

It isn't a felony or identity theft and there is no legal requirement that the resume be accurate.

The only time the US Government would be involved is if this is a government funded project and the project specifically indicated that a certain person was to be assigned to certain tasks, but that is not at all what you presented.

If one employee is pretending to be someone he is not, that is illegal, but also not employment law directly. In any case, the employee would be the one who would be in trouble for using someone else's identity.

Unless the OP comes back and clarifies what they meant, I think we're all whistling in the dark. ;)

Wouldn't that be whistleblowing in the dark?:D

Wouldn't that be whistleblowing in the dark?:D


I SO should have known better. :o ;)

The company is an indian staffing consulting firm who just bring the H1B guys and takes big percentage of their salary for placing them.

If the case the OP is talking has to do with an H1b Visa employee, then there is a labor problem. When an employer request H1b employees they are requested for a specific location, usually a city. The wages that are contracted out on this application are based on the specific location. The employee may be under paid, based on the Labor Contract Application (LCA) the employer agreed to...All this is assuming the employee is an H1b employee.

The prevailing wage rate is defined as the average wage paid to similarly employed workers in the requested occupation in the area of intended employment.
For permanent employment certification, employers must request and receive a prevailing wage determination from the State Workforce Agency (SWA) having jurisdiction over the proposed area of intended employment prior to filing ETA Form 9089.

For the H-1B, H-1B1, E-3, and H-2B programs, employers have the option of using one of three wage sources to obtain the prevailing wage: (1) requesting a prevailing wage from the appropriate SWA; (2) using a survey conducted by an independent authoritative source; or (3) using another legitimate source of information.

By obtaining the prevailing wage from the appropriate SWA, H-1B, H-1B1, and E-3 employers are given "safe-harbor status," meaning that if the employer's wage compliance is investigated for any reason, the Wage and Hour Division of the Employment Standards Administration will not challenge the validity of the prevailing wage as long as it was applied properly (i.e., correct geographic area, occupation, and skill level).

http://www.dol.gov/esa/regs/compliance/whd/FactSheet62/whdfs62J.pdf
http://www.dol.gov/esa/regs/compliance/whd/FactSheet62/whdfs62G.pdf

Right but the prevailing wage would be the same by location whether Harry or Bob is the one placed.

Wouldn't that be whistleblowing in the dark?:D

why does pattymd have a smile?

why does pattymd have a smile?

I take it you've never heard the phrase "whistling in the dark". It was a pun. D'oh.