Under certain whistleblower protection laws, there is a deliberate misconduct defense under which an employee…
Yes, threatening a whistleblower with disciplinary action can constitute an actionable adverse action. In Stallard…
The False Claims Act provides that any entity violating 31 U.S.C. § 3729(a)(1) is liable…
No. As the ARB held in Dugger v. Union Pacific Railroad Co., ARB No. 16-079,…
The statute of limitations begins to run from the time that the complainant knows…
In FRSA whistleblower cases brought before the DOL, interest on back pay is computed using…
Section 806 of SOX specifically provides that “[n]othing in this section shall be deemed to…
The U.S. Department of Labor Occupational Safety and Health Administration (“OSHA”) administers the anti-retaliation provision…
Where an employer jumps on an employee’s first instance of misconduct or poor performance and…
A prevailing SOX whistleblower can recover “all relief necessary to make the employee whole,” which…
Although reinstatement is the preferred and presumptive remedy to make an employee whole, some SOX…
Retaliatory acts outside the statute-of-limitations are relevant evidence of retaliation Discrete conduct occurring outside the…
