Whistleblower Retaliation Archives

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

False Claims Prohibited by the False Claims Act The False Claims Act permits whistleblowers, also known as qui tam relators to recover damages on behalf of … Continued

How can a whistleblower prove retaliation?

Circumstantial Evidence Proving Retaliation Circumstantial evidence of retaliation includes: temporal proximity; indications of pretext; inconsistent application of an employer’s policies; an employer’s shifting explanations for … Continued

Does a SOX whistleblower need to prove that the employer’s reason for the adverse action is untrue?

A SOX whistleblower is not required to disprove the employer’s allegedly legitimate, non-retaliatory reason for taking an adverse employment action.[i] But proof of pretext can prove causation. As the ARB observed in Palmer, “Indeed, at times, the factfinder’s belief that an employer’s claimed reasons are false can be precisely what makes the factfinder believe that protected activity was the real reason

Does OSHA prohibit gag clauses in settlement agreements?

OSHA Prohibits Gag Clauses in Settlement Agreements When a whistleblower retaliation case is resolved before OSHA, the agency will evaluate the proposed settlement to ensure … 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.

Who administers the whistleblower protection provision of the Sarbanes-Oxley Act?

A claim under the anti-retaliation provision of the Sarbanes-Oxley Act must be brought initially at the OSHA at the US Department of Labor. OSHA … Continued

Do mandatory arbitration agreements encompass SOX whistleblower claims?

Sarbanes-Oxley retaliation claims are exempt from mandatory arbitration agreements. The statute states: “No predispute arbitration agreement shall be valid or enforceable, if the agreement requires arbitration of a dispute arising under this section.”