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While a medical certificate is generally considered to be irrefutable proof of an employee’s illness or injury which justifies being absent from work, can an employer challenge the validity of a back-dated medical certificate?Medical certificates are legal documents and a medical practitioner who deliberately issues a false, misleading or inaccurate certificate could face disciplinary action under the Health Practitioner Regulation National law.An employer usually requests that an employee provide a medical certificate which would be considered satisfactory evidence explaining the reason for the absence.However, what is the situation if a medical certificate is dated a number of days after the initial day of an employee’s absence from work?Karatz – and post trial motions and an appeal have yet to be filed – it lost sixteen counts. That result, coupled with repeated prosecutorial misconduct in litigating option backdating cases and the loss in the case against Mr.Roberts, raises serious questions about the quality of these actions.

In the handful of high profile criminal option backdating actions however, this has not always been the case.Continue Reading Although some noteworthy settlements from the subprime-related securities class action litigation wave have started to accumulate (refer for example here), there are still some impressive settlements coming in from the prior scandal.In the third largest options backdating-related securities class action lawsuit settlement, Maxim Integrated Products has agreed to settle the claims against all …Continue Reading For a period beginning in 2006, plaintiffs’ lawyers filed a wave of options backdating securities class action lawsuits.Almost all of these cases have now been resolved, although one case continues to grind through the appellate courts.

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