Whistleblower Retaliation Damages Archives

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Whistleblower Retaliation Verdicts and Settlements Under Federal and State Whistleblower Protection Laws

Whistleblower Retaliation Verdicts and Settlements

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.

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 have to sustain economic damages to bring a claim?

No. As the ARB held in Dugger v. Union Pacific Railroad Co., ARB No. 16-079, ALJ No. 20156-FRS-36 (ARB Aug. 17, 2017), the “issue of whether … Continued

How is interest on back pay calculated?

In FRSA whistleblower cases brought before the DOL, interest on back pay is computed using the interest rate applicable to underpayment of taxes under 26 … Continued

Does Section 806 of SOX preempt other claims or remedies?

Section 806 of SOX specifically provides that “[n]othing in this section shall be deemed to diminish the rights, privileges, or remedies of any employee under any Federal or State law, or under any collective bargaining agreement.” 18 U.S.C. § 1514A(d). A whistleblower who is fired for refusing to commit an illegal act could bring both a SOX claim and a common-law wrongful discharge claim. Bringing the latter claim could potentially result in an award of punitive damages. But note that in some states, where there is an adequate statutory remedy to vindicate the public policy objectives, the employee can pursue a retaliation action only through the statute.

What damages can a whistleblower recover under the Sarbanes-Oxley Act?

A prevailing SOX whistleblower can recover “all relief necessary to make the employee whole,” which includes:

back pay (lost wages and benefits);
reinstatement with the same seniority that the employee would have had, were it not for the retaliation;
special damages (damages for impairment of reputation, personal humiliation, mental anguish and suffering, and other noneconomic harm that results from retaliation); and
attorney’s fees, and costs

What remedies are available under the Whistleblower Protection Act?

A number of different remedies are available under the Whistleblower Protection Act. For example, you can be awarded backpay, which is the difference … Continued

How do I choose the best whistleblower attorney?

Choosing the Best Whistleblower Attorney for Your Whistleblower Reward or Whistleblower Retaliation Claim There is no shortage of whistleblower law firms and whistleblower attorneys … Continued

What is the purpose of the False Claims Act whistleblower protection provision?

False Claims Act Whistleblower Protection The whistleblower protection provision of the False Claims Act encourages private citizens to act as whistleblowers when they suspect … Continued

Where are SOX whistleblower cases litigated?

A claim under the anti-retaliation provision of the Sarbanes-Oxley Act must be filed initially at the Occupational Safety and Health Administration at the U.S. Department of Labor. They will perform an investigation and if they conclude that the employer violated SOX, OSHA can order preliminary reinstatement.

Can OSHA order the reinstatement of a Sarbanes-Oxley whistleblower?

If OSHA determines there is “reasonable cause” to believe the complaint has merit, with limited exceptions “it shall issue” a preliminary order restoring the complainant to his or her employment status and requiring the employer to take affirmative action to abate the violation. 49 U.S.C. § 42121(b)(3)(B); 29 CFR § 1980.105(a)(1). Reinstatement orders are immediately effective and are not stayed pending the resolution of any objections or appeal. See 49 U.S.C. § 4212 (b)(2)(A).