Whistleblower Protection Lawyers Archives

Are CFTC whistleblowers protected against retaliation?

Collapse Yes, Section 23(h)(1) of the Commodity Exchange Act prohibits retaliation by a covered employer against a whistleblower. The whistleblower protection provision of the CEA … Continued

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

Are disclosures or complaints about the books and records provisions of the FCPA protected under SOX?

FCPA Whistleblower Protection Yes – some disclosures or complaints about the books and records provisions of the Foreign Corrupt Practices Act (FCPA) are protected under … Continued

Are disclosures or complaints about internal controls protected under the SOX whistleblower law?

Internal Controls Whistleblowing Yes – disclosures about internal controls over financial reporting are protected under the Sarbanes-Oxley Act (SOX) whistleblower retaliation law. 17 C.F.R. § … Continued

Can a whistleblower prevail in a retaliation case if they had a performance problem prior to blowing the whistle?

Every case is unique and the outcome of a case depends upon variety of factors, but a prior performance problem is not an insurmountable … Continued

What law protects whistleblowing about tax fraud or violations of IRS rules?

The whistleblower protection provision of the Taxpayer First Act provides robust protections for a whistleblower disclosing tax fraud to their employer or the IRS. The scope … Continued

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.

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