Whistleblower Lawyers Archives

How can a federal employee whistleblower seek relief for whistleblower retaliation?

An employee who believes a federal employer has unlawfully retaliated against the employee has several options. The employee may: File a complaint … Continued

What evidence is required to prove compensatory damages in a whistleblower retaliation case?

Most of the whistleblower retaliation statutes adjudicated at the DOL, including SOX, authorize compensatory damages. Until recently, awards of compensatory damages by the DOL were fairly nominal absent expert witness testimony concerning the whistleblower’s emotional distress damages or diminished career prospects. However, two recent decisions, one from the Eighth Circuit and the other from the ARB, indicate that a whistleblower can obtain substantial compensatory damages based solely on his or her testimony.

What whistleblowing is protected under the False Claims Act anti-retaliation provision?

False Claims Act Whistleblower Protection The whistleblower protection provision of the False Claims Act (“FCA”), protects “lawful acts done by the employee, contractor, agent or associated … Continued

Who is protected under the whistleblower protection provision of the Sarbanes-Oxley Act?

Scope of Sarbanes-Oxley Corporate Whistleblower Protection The whistleblower protection provision of SOX protects: employees, officers, and agents of publicly traded companies (companies issuing securities … Continued

What acts of retaliation are prohibited by the Sarbanes-Oxley whistleblower protection law?

Retaliation Prohibited by the Sarbanes-Oxley Whistleblower Protection Law The Sarbanes-Oxley whistleblower protection law prohibits a broad range of retaliatory acts, including: termination; demotion; suspension; harassment; … Continued

What is front pay?

Many anti-discrimination and anti-retaliation statutes authorize reinstatement as an element of damages. If restatement is not feasible, a court may award front pay in lieu of reinstatement. There is no precise formula to determine the amount of front pay, A front pay award is intended to provide compensation for a period of time sufficient to allow the wronged employee an opportunity to obtain similar employment. As front pay is an equitable remedy, the judge usually determines front pay.

What is a false claim under the False Claims Act?

False Claims Under False Claims Act The False Claims Act imposes civil liability on “any person who . . . knowingly presents, or causes … Continued

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