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	<title>
	Comments on: CPSIA employee whistleblower provisions	</title>
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	<description>Chronicling the high cost of our legal system</description>
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		<title>
		By: K		</title>
		<link>https://www.overlawyered.com/2009/01/cpsia-employee-whistleblower-provisions/comment-page-1/#comment-39178</link>

		<dc:creator><![CDATA[K]]></dc:creator>
		<pubDate>Thu, 22 Jan 2009 18:49:22 +0000</pubDate>
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					<description><![CDATA[Close cousins of whistleblower provisions are discrimination lawsuits filed by people in protected positions.  They cannot lose.

An example is the public employee who files a discrimination or harassment suit just prior to nomal retirement or departure.  The pension is secured, the civil service board and union stands ready and alert to protect every aspect of their benefits,  and the  lawyers will work on spec.

The slightest mistake in paperwork or procedure may bring a large payout even if the suit itself seems to have no merit.  

The pols who must  authorize the payout normally prefer to  avoid a public fight that might interest people in elections.   And their staff  lawyers, who recommend a settlement out of court,  avoid the effort of litigation.

Everyone wins. 

A variation, which I understand is common in some places,  is to become permanently and mysteriously  disabled just before retirement.  Disability pays more money ahd has tax advantages.  

And there is no risk since certain types of disability can never be disproved until the mind-reading machine is perfected.   

Indeed the claim usually  cannot be legally revisited after a short time.

There is no solution.  Some claims are legitimate,  some discrimination and harassment soes  take place,  and some whistle blowing does reveal serious crime or misbehavior.

About all we can do is hope for sensible administration and legal proceedings.  Yeh!]]></description>
			<content:encoded><![CDATA[<p>Close cousins of whistleblower provisions are discrimination lawsuits filed by people in protected positions.  They cannot lose.</p>
<p>An example is the public employee who files a discrimination or harassment suit just prior to nomal retirement or departure.  The pension is secured, the civil service board and union stands ready and alert to protect every aspect of their benefits,  and the  lawyers will work on spec.</p>
<p>The slightest mistake in paperwork or procedure may bring a large payout even if the suit itself seems to have no merit.  </p>
<p>The pols who must  authorize the payout normally prefer to  avoid a public fight that might interest people in elections.   And their staff  lawyers, who recommend a settlement out of court,  avoid the effort of litigation.</p>
<p>Everyone wins. </p>
<p>A variation, which I understand is common in some places,  is to become permanently and mysteriously  disabled just before retirement.  Disability pays more money ahd has tax advantages.  </p>
<p>And there is no risk since certain types of disability can never be disproved until the mind-reading machine is perfected.   </p>
<p>Indeed the claim usually  cannot be legally revisited after a short time.</p>
<p>There is no solution.  Some claims are legitimate,  some discrimination and harassment soes  take place,  and some whistle blowing does reveal serious crime or misbehavior.</p>
<p>About all we can do is hope for sensible administration and legal proceedings.  Yeh!</p>
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