whistleblower rights and protections Archives

Is there a heightened pleading requirement for False Claims Act qui tam cases?

Pleading Qui Tam False Claims Act Case in Detail False Claims Act qui tam actions must meet the heightened pleading requirement set forth in Federal … Continued

What is the public disclosure bar in the False Claims Act?

False Claims Act Public Disclosure Bar The public disclosure bar prohibits a qui tam relator from bringing a False Claims Act lawsuit based on … Continued

Is an employee protected against retaliation for testifying on behalf of a co-worker?

Several federal and state anti-retaliation laws prohibit an employer from retaliating against an employee on account of the employee’s testimony or assistance in an investigation. … 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

Can I sue an individual under the Sarbanes-Oxley Act?

Individual Liability Under SOX Whistleblower Protection Law Yes, a whistleblower can bring a SOX retaliation claim against an individual who has the functional ability … Continued

Why should courts be skeptical of an adverse employment action taken based on subjective criteria?

Subjective standards are difficult for courts to evaluate and difficult for plaintiffs to rebut, and their use in employment decisions should be viewed with suspicion. See Hill v. Seaboard Coast Line R. Co., 885 F.2d 804, 808-09 (11th Cir. 1989); see also Watson v. Fort Worth Bank & Trust, 487 U.S. 977, 1009 (1988) (Blackmun J., concurring) ( “Allowing an employer to escape liability simply by articulating vague, inoffensive-sounding subjective criteria would disserve Title VII’s goal of eradicating discrimination in employment.”); Miles v. M.N.C. Corp., 750 F.2d 867, 871 (11th Cir. 1985) (“subjective evaluations . . . provide a ready mechanism for … discrimination.”).

Does the Whistleblower Protection Act Prohibit Retaliation for Refusing to Obey an Order Requiring a Violation of Law?

The Whistleblower Protection Act prohibits an employer from taking a personnel action against an employee for refusing an order that would require the employee violate … Continued

Does the Whistleblower Protection Act Prohibit Retaliation for the Exercise of Appeal or Grievance Rights?

PROVING RETALIATION FOR EXERCISING WHISTLEBLOWING, COMPLAINT, APPEAL, OR GRIEVANCE RIGHTS UNDER WPA SECTION 2302(B)(9) To prove retaliation for exercising whistleblowing, complaint, appeal, or grievance rights under … Continued

What is the causation standard in a Whistleblower Protection Act case?

Proving Retaliation in a Whistleblower Protection Act Case In a WPA action, the complainant must demonstrate a causal connection between the protected activity and the … Continued

How does a whistleblower prove knowledge of protected whistleblowing?

Under the WPA, the whistleblower must prove that the agency officials accused of retaliation knew about the individual’s protected disclosures. An employee can show … Continued

What is a personnel action under the Whistleblower Protection Act?

Prohibited Whistleblower Retaliation Under the Whistleblower Protection Act The Whistleblower Protection Act covers a broad range of personnel actions, including the following types of actions: … Continued

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