whistleblower rights and protections Archives

What is a whistleblower?

What is a whistleblower? A whistleblower is a person who exposes wrongdoing, such as fraud, waste, and abuse of authority, corruption, or threats to public … Continued

What is the SEC Office of the Whistleblower?

SEC Office of the Whistleblower In 2011, the SEC Office of the Whistleblower was created pursuant to the Dodd-Frank Wall Street Reform and Consumer … Continued

Is Whistleblowing About Upcoding Protected Under the False Claims Act’s Anti-Retaliation Provision?

Yes. For example, in January 2019, Tennessee District Judge Pamela Reeves held that Thomas Forsythe, a former physical therapist at a National Health skilled … Continued

What Issues Should I Consider Before Filing an SEC Whistleblower Complaint?

Issues to Consider Before Filing an SEC Whistleblower Complaint Every client’s potential matter is unique and requires analysis of the specific violation that the … Continued

What laws prohibit defense contractors from retaliating against whistleblowers?

Collapse False Claims Act Whistleblower Protection for Defense Contractor Whistleblowers The anti-retaliation provision of the False Claims Act provides robust protection to any employee, contractor, … Continued

Is an employer’s knowledge of protected whistleblowing a separate element of a whistleblower retaliation case?

The Department of Labor’s Administrative Review Board has held that knowledge of protected whistleblowing is not a distinct element and instead is part of the … Continued

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

Scope of Sarbanes-Oxley Whistleblower Protection The Department of Labor’s Administrative Review Board and several federal courts have soundly rejected a “magic words” defense, an argument … Continued

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

Are disclosures about bank fraud protected under the Sarbanes-Oxley whistleblower law?

SOX Whistleblower Law Protects Disclosures About Bank Fraud Yes, a disclosure about bank fraud is protected conduct (protected whistleblowing) under the whistleblower protection provision … Continued

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 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

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