Corporate Whistleblower Protection and Retaliation Laws Archives

Which whistleblower protection laws employ the contributing factor causation standard?

The “contributing factor” causation standard is favorable for whistleblowers. The words “a contributing factor” mean any factor which, alone or in connection with other … Continued

Does a retaliatory investigation of a whistleblower violate whistleblower retaliation laws?

Retaliatory Investigations Against Whistleblowers Under certain whistleblower protection laws, a retaliatory investigation can be actionable. Two cases decided under the Federal Rail Safety Act … Continued

What whistleblowing disclosures are protected under the Consumer Financial Protection Act whistleblower retaliation law?

Consumer Financial Protection Act Whistleblower Protection Section 1057 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (CFPA) protects individuals who provide … Continued

How does the Department of Labor determine emotional distress damages in whistleblower retaliation cases?

At the various stages of a whistleblower retaliation case, the DOL uses several factors to determine emotional distress damages. Emotional distress damages fall under compensatory (non-economic) damages and can include damages for mental anguish or pain and suffering. Generally a plaintiff seeking emotional distress damages must demonstrate: 1) objective manifestations of the distress, and 2) a causal connection between the adverse employment action and the distress.

Do whistleblower protection laws bar associational discrimination or associational retaliation?

Associational discrimination occurs when an employer discriminates against an employee based on a close relationship with another person.

Image of Do whistleblower protection laws prohibit retaliation against an employee who is about to provide information to the government or threatens to file a complaint with federal authorities?

Do whistleblower protection laws prohibit retaliation against an employee who is about to provide information to the government or threatens to file a complaint with federal authorities?

Whistleblower Retaliation Against an Employee About to Blow the Whistle Yes, some whistleblower protection laws prohibit retaliation against an employee who is about to report … Continued

Is placing a whistleblower under surveillance actionable retaliation?

Retaliatory Surveillance of Whistleblower Yes – placing a whistleblower under surveillance can be actionable retaliation. The elements of a retaliation claim are not uniform, … Continued

Are second-hand whistleblower reports credible, and do they merit investigation?

Study Reveals that Second-Hand Whistleblower Reports Are Credible A recent study found that second-hand whistleblower reports can be credible and merit investigation. The study found … Continued

How do I report securities fraud to the SEC and get an SEC whistleblower award?

How to Report Securities Fraud to the SEC To qualify for an award under the SEC Whistleblower Program, individuals must report securities fraud or … Continued

What is a qui tam whistleblower lawsuit?

False Claims Act relators are eligible to receive 10% to 30% of the recovery. In an intervened case, the relator can obtain 15% to 25% of the recovery, depending upon the extent to which the person substantially contributed to the prosecution of the action.

Are disclosures about bank fraud protected under the Sarbanes-Oxley whistleblower law?

SOX Whistleblower Law Protects Disclosures About Bank Fraud Yes, a disclosure about bank fraud is protected conduct (protected whistleblowing) under the whistleblower protection provision … Continued

Does a whistleblower’s disclosure of his misconduct deny the whistleblower protection under whistleblower retaliation laws?

Under certain whistleblower protection laws, there is a deliberate misconduct defense under which an employee who deliberately causes a violation of a health or safety law … Continued