Whistleblower Protection Lawyers Archives

What is preemptive retaliation?

Preemptive Retaliation The doctrine of preemptive retaliation permits a whistleblower to bring a claim where the employer retaliates against the whistleblower prior to the whistleblower … Continued

Is False Claims Act Whistleblower Protection Limited to Disclosures About the Whistleblower’s Employer?

No. The whistleblower protection provision of the False Claims Act (FCA) protects “lawful acts done by the employee, contractor, agent or associated others in furtherance … 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

Is threatened disciplinary action an adverse action under the whistleblower retaliation laws?

Yes, threatening a whistleblower with disciplinary action can constitute an actionable adverse action. In Stallard v. Norfolk Southern Railway Co., ARB No. 16-028, ALJ No. 2014-FRS-149 … Continued

Image of Does the failure to name the employer's business entity correctly in an OSHA administrative complaint constitute a failure to exhaust administrative remedies?

Does the failure to name the employer’s business entity correctly in an OSHA administrative complaint constitute a failure to exhaust administrative remedies?

Courts recognize that many employers operate under a complex legal structure and therefore it can be difficult to name the precise legal entity that employed … Continued

When does the statute of limitations in DOL whistleblower retaliation cases commence?

The statute of limitations begins to run from the time that the complainant knows or reasonably should have known of the adverse action. The … Continued

Who administers the whistleblower-protection provision of SOX?

The U.S. Department of Labor Occupational Safety and Health Administration (“OSHA”) administers the anti-retaliation provision of SOX. A SOX whistleblower claim must be filed initially with OSHA. OSHA will then investigate the complaint and may order preliminary reinstatement of the whistleblowers if it finds “reasonable cause” to believe that retaliation occurred.

Does subjecting an employee to heightened scrutiny evidence retaliation?

Where an employer jumps on an employee’s first instance of misconduct or poor performance and subjects the employee to heightened scrutiny, the employer’s reliance on that alleged change in performance can be deemed a pretext for retaliation.

Is retaliation that occurred outside of the statute-of-limitations period relevant evidence of retaliation?

Retaliatory acts outside the statute-of-limitations are relevant evidence of retaliation Discrete conduct occurring outside the statute of limitations may be circumstantial evidence of retaliation. An … Continued

Does SOX prohibit employers from “outing” confidential whistleblowers?

Disclosing a whistleblower’s identity may constitute an adverse employment action. The U.S. Court of Appeals for the Fifth Circuit reached this conclusion in a SOX case brought by Anthony Menendez, a former director in Halliburton Inc.’s finance and accounting department.

Is constructive discharge a prohibited act of retaliation under SOX?

Is constructive discharge a prohibited act of retaliation under SOX? Retaliatory termination goes beyond “You’re fired!” Under the SOX whistleblower protection law, constructive discharge … Continued

Are disclosures made in the course of performing one’s job duties protected?

Disclosures made in the course of performing one’s job duties are protected under the SOX whistleblower law A consensus is emerging that the duty … Continued

Page 3