whistleblower litigation Archives

Whistleblower Protections for Nonprofit Employees

Employees at non-profit organizations are protected against retaliation where they engage in protected whistleblowing. If you have suffered retaliation for whistleblowing, contact us today.

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.

What is anticipatory retaliation?

Anticipatory retaliation occurs when an employer takes or threatens to take an adverse employment action against an employee before that employee reports alleged discrimination or engages in other protected activity. An employer anticipatorily retaliates when it takes or threatens to take an adverse employment action in order to dissuade or discourage the employee from engaging in future protected activity.

Does OSHA protect the confidentiality of a witness in an OSHA whistleblower investigation?

OSHA is required to protect the confidentiality of a witness in a whistleblower investigation to the fullest extent possible under the law. In fact, where witnesses wish to remain confidential in an OSHA investigation, the investigator is required at the start of the interview to say, “Your interview will be protected to the fullest extent of the law.” See US DOL Memo, Clarification of the Express Promise of Confidentiality Prior to Confidential Witness Interviews, https://www.whistleblowers.gov/memo/2016-07-15.

Whistleblower Protections for Nonprofit Employees

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

Do whistleblower protection laws bar associational discrimination or associational retaliation?

What is anticipatory retaliation?

Does OSHA protect the confidentiality of a witness in an OSHA whistleblower investigation?

What is whistleblower retaliation and how can a whistleblower retaliation lawyer remedy retaliation?

What is a whistleblower?

To engage in protected conduct, must a whistleblower cite a specific violation of law or regulation?

Is a warning letter an adverse employment action?

What is the first-to-file bar in False Claims Act qui tam cases?

Is an employee protected against retaliation for testifying on behalf of a co-worker?

What types of false claims are prohibited by the False Claims Act?