Whistleblower Protection Lawyers
When a whistleblower comes forward to disclose fraud, unlawful conduct, risks to public health, or other wrongdoing, the whistleblower should be rewarded for doing the right thing. But all too often, whistleblowers suffer retaliation.
Federal and state whistleblower retaliation laws prohibit a wide range of retaliatory adverse employment actions and offer robust remedies and whistleblower rewards. Our experienced and effective whistleblower retaliation lawyers are committed to seeking the maximum damages for whistleblowers and zealously prosecuting whistleblower retaliation claims so that all workers can speak up without fear of reprisal.
Leading whistleblower protection law firm Zuckerman Law represents whistleblowers nationwide. If you are seeking representation in a whistleblower retaliation or whistleblower protection case, click here, or call our whistleblower retaliation lawyers at 202-262-8959 to schedule a confidential consultation.
In 2019, the National Law Review awarded Jason Zuckerman its “Go-To Thought Leadership Award” for his analysis of developments in whistleblower law and in 2022, Zuckerman was named to Washingtonian Magazine’s “Top Lawyers Hall of Fame” in the category of whistleblower law.Click here to read reviews of our whistleblower retaliation lawyersfrom clients that we have represented in whistleblower rewards and whistleblower retaliation matters and see our tips to combat whistleblower retaliation.
We handle claims under a variety of whistleblower laws, including the following:
- Sarbanes-Oxley Act (protecting whistleblower disclosures about violations of SEC rules and regulations; violations of federal laws related to fraud against shareholders; or mail, wire, bank or securities fraud). Download our free ebook, Sarbanes-Oxley Whistleblower Protection: Robust Protection for Corporate Whistleblowers.
- Taxpayer First Act (protecting whistleblowing about tax fraud or tax underpayment)
- Dodd-Frank Act (protecting whistleblowing to the SEC and CFTC)
- Whistleblower Protection Act (protecting whistleblowers in the federal government)
- False Claims Act and NDAA (protecting whistleblowers working for federal contractors)
- Energy Reorganization Act (protecting disclosures about nuclear safety or violations of Nuclear Regulatory Commission rules)
- Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (protecting disclosures about aviation safety)
- Surface Transportation Assistance Act (protecting whistleblower disclosures in the trucking industry about commercial motor vehicle safety)
- Consumer Financial Protection Act (protecting disclosures concerning consumer financial protection)
- Anti-Money Laundering Whistleblower Protection Law (protecting disclosures about violations of the Bank Secrecy Act)
- Federal Railroad Safety Act (protecting disclosures about rail safety and security)
- National Transit Systems Security Act (protecting transit employees from retaliation for disclosing a hazardous safety or security condition)
- Consumer Product Safety Improvement Act (protecting disclosures about consumer product safety)
- Food Safety Modernization Act (FSMA) (protecting disclosures about food safety)
- Criminal Antitrust Anti-Retaliation Act (protecting disclosures about criminal antitrust violations)
- Whistleblowers that have suffered retaliation in violation of whistleblower protection policies in corporate codes of ethics.
Whistleblower protection attorney Jason Zuckerman has established precedent under a wide range of whistleblower protection laws and obtained substantial compensation for his clients and recoveries for the government in whistleblower rewards and whistleblower retaliation cases. Some of the whistleblower retaliation cases he has worked on are featured in Tom Mueller’s seminal book about whistleblowing Crisis of Conscience: Whistleblowing in an Age of Fraudand Dan Maldea’s Corruption in U.S. Higher Education: The Stories of Whistleblowers.
Whistleblower Retaliation Damages
Under some whistleblower protection laws, such as the Sarbanes-Oxley corporate whistleblower protection law, there is no cap or limitation on special damages (damages for emotional distress and reputational harm). Recently, a whistleblower recovered approximately $11M in a SOX whistleblower case, which included punitive damages awarded under state law.
The whistleblower retaliation lawyers at Zuckerman Law have compiled a list of some of the largest verdicts and settlements in whistleblower retaliation cases, which is posted here.
Whistleblower Protection Lawyer’s Answers to Frequently Asked Questions About Whistleblower Retaliation Laws
Protected Whistleblowing Under Whistleblower Retaliation Laws
- Is a whistleblower’s motive for engaging in a protected activity relevant in a whistleblower protection case?
- Are disclosures made in the course of performing one’s job duties protected?
- To engage in protected conduct, must a whistleblower cite a specific violation of law or regulation?
- Must a whistleblower prove that the individual who made the final decision to take the adverse action has personal knowledge of the whistleblower’s protected activity?
- What is perceived whistleblowing?
- Can whistleblowers use company documents to expose fraud?
- Can False Claims Act whistleblowers use confidential documents to report fraud to the government?
- Can Whistleblowers Disclose Secret Recordings to the SEC?
- Is an employee protected against retaliation for participating in an employer’s internal investigation?
- Does retaliation against an employee due to the employee’s testimony in federal court violate civil rights laws?
- Are cybersecurity whistleblowers protected against retaliation?
- Are whistleblowers at government contractors and grantees protected against retaliation?
- Does the False Claims Act prohibit whistleblower retaliation?
- What whistleblower laws protect accountants?
- What law protects whistleblowing about tax fraud or violations of IRS rules?
- What law protects federal employees against whistleblower retaliation?
- Are second-hand whistleblower reports credible, and do they merit investigation?
Actionable Whistleblower Retaliation
- What is whistleblower retaliation?
- Is a lawsuit against a whistleblower actionable retaliation?
- What is anticipatory retaliation?
- What is constructive discharge?
- Is a negative performance evaluation an actionable retaliatory action or adverse employment action?
- Is administrative leave or a paid suspension an adverse employment action?
- Is a warning letter an adverse employment action?
- Is a threat to take a disciplinary action an adverse employment action?
- Is an employer’s attempt to stop a corporate whistleblower from blowing the whistle to the government actionable retaliation?
- Is denial of a transfer away from a biased supervisor an adverse action?
- Is assigning a sales employee a low performing territory an adverse employment action?
- Is threatened disciplinary action an adverse action under the whistleblower retaliation laws?
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Does a retaliatory investigation of a whistleblower violate whistleblower retaliation laws?
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Do whistleblower protection laws bar associational discrimination or associational retaliation?
- Is placing a whistleblower under surveillance actionable retaliation?
- What is preemptive retaliation?
- Is retaliation that occurred outside of the statute-of-limitations period relevant evidence of retaliation?
Proving Whistleblower Retaliation
- How can a whistleblower prove retaliation?
- Which whistleblower protection laws employ the contributing factor causation standard?
- Does an employer’s failure to follow its personnel policies and practices prove retaliation?
- What are some methods to prove pretext in retaliation and discrimination cases?
- Does subjecting an employee to heightened scrutiny evidence retaliation?
- Is an employer’s knowledge of protected whistleblowing a separate element of a whistleblower retaliation case?
- Why should courts be skeptical of an adverse employment action taken based on subjective criteria?
- Does a whistleblower’s disclosure of his misconduct deny the whistleblower protection under whistleblower retaliation laws?
- What is the “reasonable cause” standard in an OSHA whistleblower investigation?
- What is the burden-shifting framework under most DOL whistleblower protection laws?
Whistleblower Retaliation Damages/Remedies
- Does a whistleblower have to sustain economic damages to bring a claim?
- Can whistleblowers recover damages for reputational harm?
- How is interest on back pay calculated?
- What are emotional distress damages and how do I prove them?
- What is front pay?
- Can OSHA order the reinstatement of a Sarbanes-Oxley whistleblower?
- What is the duty to mitigate damages?
Whistleblower Rights and Whistleblower Retaliation Laws
- When does the statute of limitations in DOL whistleblower retaliation cases commence?
- Does the failure to name the employer’s business entity correctly in an OSHA administrative complaint constitute a failure to exhaust administrative remedies?
- Does OSHA prohibit gag clauses in settlement agreements?
- What rules and procedures govern OSHA investigations?
- Does OSHA protect the confidentiality of a witness in an OSHA whistleblower investigation?
- Are employer non-disclosure contracts and policies barring whistleblowing enforceable?
- Will I get a reward for reporting fraud being committed by my employer?
- Does the breach of an anti-retaliation policy in a Code of Ethics give rise to a retaliation claim?
- What laws prohibit defense contractors from retaliating against whistleblowers?
- What whistleblower laws protect corporate officers and executives?
- What are the differences between Dodd-Frank and Sarbanes-Oxley whistleblower protection?
Resources About Whistleblower Retaliation Claims
Richard Renner maintains a detailed chart of federal whistleblower protection laws at www.taterenner.com/fedchart.php.
OSHA has published a summary chart of whistleblower protection laws:
Whistleblower_Statutes_Summary_Chart_FINAL_6-7-21Whistleblower Retaliation Verdicts and Settlements
| Verdict or Settlement | Case Name, Court, and Year | Claim/Statute | Summary |
|---|---|---|---|
| $75M | Jacobs v. Las Vegas Sands Corp., A-10-627691-B (Nev.Dist.Ct. 2012) | Wrongful termination | Former CEO of Las Vegas Sands Corp, Steve Jacobs, was terminated for brining to light “improprieties” in the way the Macau business conducted its affairs. |
| $25M | Babyak v. Cardiovascular Systems, Inc., Case No. BC601259 (Super. Ct. Cal. 2017) | Whistleblower retaliation | Cardiovascular Systems (NSDQ:CSII) was found liable for approximately $25.1 million in damages in a whistleblower retaliation suit involving a former regional sales manager, Steven Babyak. According to the court filings, Babyak alleged the company terminated him after he raised concerns about issues relating to patient safety and violations of state and federal laws. Babyak worked for the company for 3 years, and was fired on June 1, 2015. On April 24, 2017, the jury awarded Babyak $2.7 in compensatory damages and an additional $22.4 million in punitive damages. Cardiovascular Systems' SEC filing disclosing the verdict be found here. |
| $20M | Williams v. Wyndham Vacation Ownership., No. CGC-12-526187 (Cal.Super. Ct. 2016) | Wrongful termination | Sales representative, Trish Williams, was terminated after reporting that Wyndham salespeople were preying on older time-share owners to get them to increase their holdings and were falsely telling customers that Wyndham would buy back their ownership stakes if they no longer wanted them. |
| $13M | Dennis Bruke v. MGH | Wrongful termination | Retaliation for internal whistleblowing about double-booking of surgeons, which increased the amount of time patients spent under anesthesia and increased a patient's risk of complications. |
| $13M | Brovont v. Overland Park Regional Medical Center | Kansas whistleblower claim litigated in Missouri | A jury found that Dr. Brovont was fired for raising concerns about inadequate ER staffing that he believed endangered patient safety. |
| $11.1M | Kingston v. IBM | Washington wrongful discharge and retaliation claims | Federal jury found that IBM unlawfully fired sales manager who complained that race discrimination accounted for the significant difference between a Black salesman's commission and a White salesman's commission after both closed similar deals. |
| $10M | Dr. David Fintan Garavan v. Miami Dade County | Florida Whistleblower's Act (Fla. Stat. Ann. § 112.3187) | Assistant medical examiner alleged that he was fired for raising concern about co-worker running private business through a county lab. |
| $10M | Pedowitz, M.D., v. The Regents of the University of California, et al., 2014 WL 1661270 (Cal.Super. 2014) | California Whistleblower Protection Act | Dr. Robert Pedowitz, former chairman of UCLA’s orthopedic surgery department, was terminated after raising concerns about colleagues who had financial ties to medical-device makers or other companies that could unduly influence their care of patients or taint important medical research. |
| $9.4M | Don Sanders v. BNSF Railway Company | FRSA whistleblower retaliation claim | A jury found that Sanders was retaliated against in violation of the FRSA after he reported hazardous safety conditions on the railroad and reported harassment and retaliation to BNSF’s HR Department. |
| $8.6M | Elliot Zibli and David Doors v. LAPD | California retaliation claim | Retaliation for reporting sexual harassment and abuse of authority. According to a Los Angeles Times article, they "suffered backlash so severe that they feared for their safety. They said they were denied tactical bloodhound training, and weren’t given adequate equipment and support during searches for violent suspects." |
| $8.4M | Denise Bertone v. Los Angeles County | California whistleblower retaliation claim | Bertone was forced into early retirement in retaliation for raising suspicions about the death of an 8-year-old disabled boy. |
| $8M | Brian Gruzalski, Stanley Langevin and Mark Collins v FedEx | California retaliation claim | A jury found that FedEx wrongfully disciplined three employees after coming forward to report that FedEx put profits ahead of safety by not maintaining its aircraft consistent with FAA safety requirements. Read more about it here. |
| $8M | Wadler v. Bio-Rad Labs., Inc., , No. 15-CV-02356-JCS (N.D. Cal. 2017) | Sarbanes-Oxley whistleblower retaliation | Bio-Rad Laboratories Inc. terminated Sanford Walder, the company’s GC of nearly 25 years, after he reported potential violations of the Foreign Corrupt Practices Act (“FCPA”). Bio-Rad claimed it terminated Walder’s employment due to poor work performance and behavior. However, it took a jury only three hours of deliberation to conclude that Bio-Rad retaliated against Walder for his disclosures. |
| $7.7M | Easley v. N.J. Dept. of Corrections, et al., No. L-000094-13, complaint (N.J. Super. Ct., Burlington Co., Jan. 10, 2013) | New Jersey Whistleblower Protection Law | Lisa Easley, a prison official at the Alfred C. Wagner Youth Correctional Facility, was terminated after assisting the FBI with an investigation of a higher-ranking prison official who was soliciting bribes from employees. Easley's termination came just before she would have qualified for full retirement benefits. A jury awarded Easley $6.5 million in punitive damages, $1 million for emotional distress, and more than $265,000 in back pay as a result of the retaliation. |
| $7.4M | Juarez v. RadioShack Corporation, JVR No. 1504140030, 2013 WL 10477609 (Cal.Super. 2013) | California Whistleblower Protection Act | RadioShack terminated former Store Manager, Jose Juarez, after he reported fraudulent, illegal and unethical practices taking place in the store. |
| $7.1M | Zirpel v. Alki David Prods., Inc., 93 Cal. App. 5th 563 (2023) | California Labor Code §§ 232.5 and 1102.5 | Court Affirms $7.1 Million Whistleblower Verdict |
| $7M | Peiter Zatko v. Twitter | whistleblower claims | Twitter Agreed to Pay Whistleblower Roughly $7 Million in June Settlement |
| $6M | Laurie Simpson v. Bayer | False Claims Act retaliation claim | Simpson alleged that she suffered retaliation for raising concerns about a series of unlawful acts, including paying kickbacks to doctors and hospitals, marketing them off-label, and downplaying their safety risks. Click here to view the settlement |
| $6M | Zulfer v. Playboy Enterprises Inc.,JVR No. 1405010041, 2014 WL 1891246 (C.D.Cal. 2014) | Sarbanes-Oxley whistleblower retaliation | Playboy terminated Zulfer shortly after she opposed paying bonuses to senior executives that were not authorized by the Board. |
| $5M | McQueary v. Pa. St. Univ., No. 2012-1804, (Ct. C.P. Centre County 2016) | Wrongful termination | McQueary was terminated by Penn State University as a result of his testimony against officials who failed to act on his February 2001 report of a sex abuse incident involving Jerry Sandusky. |
| $4.6M | Brent Bullis vs Consulting Radiologists, Ltd. | Minnesota Whistleblower Act | Radiologist to collect $4.6M jury verdict in whistleblower case against former practice |
| $4.3M | Crowley v. Watson, 2016 IL App (1st) 142847, 51 N.E.3d 69, 72, appeal denied, 50 N.E.3d 1139 (Ill. 2016) | Illinois State Officials and Employees Ethics Act | A former school official at Chicago State University, James Crowley, was terminated after accusing the school’s former president of misconduct. A jury awarded Crowley more than $3 million in 2014 for the retaliation. The school avoided payment, which grew at 6% interest, while it appealed the verdict. In early 2017, the Illinois Appellate Court affirmed the trial court’s decision and ordered the university to pay Crowley $4.3 million. |
| $4.3M | Carpenter v. Sandia Corp., 2007 WL 1108465 (N.M. Dist. 2007) | New Mexico wrongful termination | Sandia National Laboratories terminated Shawn Carpenter after he refused to comply with Sandia directives that he not disclose information “relating to serious breaches of national security to anyone inside or outside Sandia,” such as the FBI or the Army research lab. |
| $4M | Dunn v. Enterprise Rent-A-Car Company, 170 S.W.3d 1 (Mo. App. E.D. 2005) | Missouri wrongful discharge | A jury found that Enterprise terminated Dunn's employment because he refused fused to comply with Enterprise's instructions to use improper accounting methods to prepare its financial statements for an IPO. The court founds that Securities Act of 1933 and the Securities Exchange Act of 1934 "establish a clearly mandated public policy" requiring companies who seek to offer securities on a public stock exchange to provide full financial disclosures to inform and protect future investors. |
| $4M | Cerbone v. Roman Catholic Bishop of Sacramento, JVR No. 1505180066, 2015 WL 2394119 (Cal.Super. 2015) | California Whistleblower Protection Act | Christopher Cerbone, a former Physical Education Teacher and Head Varsity Football Coach, was terminated by the Roman Catholic Bishop of Sacramento after he discovered and reported sexual hazing scandal, which had been occurring among student athletes at the school. |
| $3.5M | Payne v. District of Columbia, 773 F.Supp.2d 89 (D.D.C 2011) | D.C. Whistleblower Protection Act | Former city contracting officer, Eric W. Payne, claimed that he was terminated for refusing to cancel a contract and subsequently reporting the pressure to cancel the contract to two investigative agencies in the city government. The District of Columbia agreed to settle the whistleblower lawsuit for $3.53 million. |
| $3.5M | Blakeslee v. Shaw Infrastructure Inc., JVR No. 1307080043, 2013 WL 3457020 (D.Alaska 2013) | False Claims Act whistleblower retaliation | Shaw Infrastructure, Inc. terminated Paul Blakeslee after he wrote a letter to the company expressing concerns about another employee who was allegedly overcharging the government for work at military installations. |
| $3.3M | Roundtree v. Los Angeles Unified School District, et al., JVR No. 1510130054, 2014 WL 10537455 (Cal.Super. 2015) | California Whistleblower Protection Act | Archie Roundtree, a certified Senior Aerospace Science Instructor, was terminated by Los Angeles Unified School District (LAUSD) after he raised concerns about the school’s practice of involuntarily enrolling students into ROTC classes violating federal law and the LAUSD contract. The court subsequently awarded $5.3M in attorney fees. |
| $3.2M | Bailets v. Pa. Turnpike Comm'n, No. 265 M.D. 2009, (Pa. Commw. Ct. 2016) | Pennsylvania Whistleblower Law | Ralph Bailets, a manager for the Turnpike Commission, was terminated after exposing a substantial misuse and waste of Commonwealth funds and resources. |
| $3M | Crawley v. Chicago State University, No. 10 L 12657 (Cook County, Ill., Law Div. 2014) | Illinois wrongful termination | James Crowley, a former Chicago State University employee, was fired in retaliation for reporting alleged misconduct by the university president and other top officials. |
| $2.85M | Chaudhry v. Florida Hospital Heart and Lung Transplant Institute | Florida Whistleblower Act | Dr. Ahmed Chaudhry alleged that the Institute put its business considerations |
| $2.5M | Danita Erickson v. Biogen | False Claims Act whistleblower retaliation | In November 2019, Danita Erickson, a former sales representative at Biogen, prevailed at trial on her claims under the whistleblower protection provision of the False Claims Act and Title VII gender discrimination. Erickson alleged that Biogen terminated her employment in retaliation for her internal whistleblowing about the off-label promotion of Zinbryta for aplastic anemia (a use outside the FDA-approved labeling). |
| $2.5M | Bahra v. San Bernardino County | California retaliation and wrongful discharge claims | Social worker was fired in retaliation for disclosing systemic failures of management resulting in San Bernardino County placing foster children in the home of known abusers. |
| $2.5M | Roganti v. Metro. Life Ins. Co., 786 F.3d 201 (2d Cir. 2015) | False Claims Act whistleblower retaliation | Ronald A. Roganti, former MetLife Financial Services Vice President, was terminated after protesting the company’s alleged failure to monitor the employment of registered representatives with tainted personnel histories and insisting on following regulations governing compensation to account executives. |
| $2.3M | Tommy Strelka v. Appalachian Power Co. | Whistleblower retaliation and tortious interference | Roanoke jury finds for ex-Appalachian Power employee who made safety complaints |
| $2.1M | U.S. v. ManTech Int'l Corp., No. 1:16-cv-132 (E.D. Va. Sep. 14, 2016) | False Claims Act whistleblower retaliation | Two employees were fired after raising concerns that ManTech had manipulated a contract to defraud the government. |
| $2.1M | Doculan v. Bayonne Medical Center, No. HUD-L-6670-10 (Law Div. May 7, 2013) | New Jersey wrongful termination | Ceferino Doculan, Jr. was terminated by Bayonne Medical Center (BMC) after he made several complaints to hospital management, the HR department and the director of the laboratory department regarding unlawful staffing practices at BMC. |
| $2M | Hoeper v. City and County of San Francisco, No. CGC-15-543553 (N.D. Cal. Mar. 17, 2017) | California Whistleblower Protection Act and False Claims Act whistleblower retaliation | Former deputy city attorney, Joanne Hoeper, was fired for exposing a long-running illegal payment scheme between municipal officials and plumbing companies. |
| $1.8M | Becker v. Cmty. Health Sys., No. 2014-SOX-00044 (Nov. 9, 2016) | Sarbanes-Oxley whistleblower retaliation | Rockwood Clinic violated SOX by constructively discharging Gregg Becker, Rockwood’s CFO, for his refusal to lower his projection of the company’s losses by $8 million. |
| $1.7M | Wright v. Ada County, 160 Idaho 491, 376 P.3d 58 (2016). | Whistleblower Act | Richard Wright, former Public Information Officer of Ada County, was terminated by the Board of Commissioners for launching an investigation into one of his employees for harassment. |
| $1.7M | Payne v. District of Columbia, et al., No. 2012-ca-6163 (DC Superior Court 2016) | D.C. Anti-SLAPP (Strategic Lawsuits Against Public Participation) Act | Eric Payne was terminated after complaining that then-Council member Jim Graham (D-Ward 1) and then-Council Chairman Vincent C. Gray (D) sought to steer a $228 million lottery contract. |
| $1.7M | Parexel Int’l Corp. v. Feliciano, No. CIV.A. 04-CV-3798, 2008 WL 2704569 (E.D. Pa. July 3, 2008) | Sarbanes-Oxley whistleblower retaliation | Oswaldo Feliciano was terminated by Barnett International after reporting to superiors that the company’s marketing lists had been obtained by fraudulent means. |
| $1.7M | U.S. v. Miami-Dade County & Miami-Dade Transit Authority, 25 Fla. J.V.R.A. 5:10, 2015 WL 3823100 (S.D.Fla. 2015) | False Claims Act whistleblower retaliation | Marjan M., a former executive-level employee of Miami Dade Transit (MDT), was terminated after reporting MDT’s fraudulent misapplication of grant funds received from the Federal Transit Administration. |
| $1.7M | Pietrowski v. The Kintock Group, JVR No. 1304230012, 2013 WL 1737877 (Pa.Com.Pl. 2013) | New Jersey wrongful termination | Marla Pietrowski was terminated after she raised concerns about her manager’s drug activity and the fact that he apparently violated public policy when he brought his child to a facility where convicted child predators were assigned to report. |
| $1.6M | Van Asdale v. Int’l Game Tech., 549 F. App’x 611, 614 (9th Cir. 2013) | Sarbanes-Oxley whistleblower retaliation | Progenics Pharmaceuticals terminated Julio Perez after he raised concerns about the company issuing a significantly misleading press release about the progress of a new drug. |
| $1.5M | Erhart v. BofI Federal Bank | Sarbanes-Oxley Act of 2002 and California Labor Code § 1102.5 | Mr. Erhart alleged that he was retaliated against and terminated after he reported wrongdoing at the bank to management and to federal regulators. |
| $1.5M | Eller v. State , No. 2017-6163 (Idaho 2017) | Idaho Protection of Public Employees Act | Idaho State Police retaliated against Brandon Eller, a detective in the police force, after he refused to go along with the police's explanation for a 2011 crash, in which a sheriff's deputy struck and killed a civilian. The jury awarded Eller $1.5 million in damages and $30,500 in lost wages. |
| $1.5M | Lillie v. Mantech Int l Corp., et al | Defense Contractor Whistleblower Protection Act and False Claims Act whistleblower retaliation | Jury found that Mantech terminated Mr. Lilllie for raising a concern that ManTech might not have permission to access certain files belonging to co-contractor Lockheed Martin. See |
| $1.5M | Brig v. Port Auth. Trans Hudson, No. 12 CIV. 5371 RPP, 2014 WL 1318345 (S.D.N.Y. Mar. 28, 2014) | Federal Railroad Safety Act whistleblower retaliation | Jason Brig and John Buchala were retaliated against after reporting unsafe equipment and procedures, which almost resulted in both men being hit by a train. Instead of addressing the safety issues, the company charged both men with “unsafe work practices” and they lost a single day’s pay between them. |
| $1.4M | Cook v. Harrison Medical Center, No. 3:2013cv05986 – Document 88 (W.D. Wash. 2015) | False Claims Act whistleblower retaliation | Harrison Home Care terminated the former billing manager, Lori Cook, after reporting irregularities in Harrison’s billing, which could have Medicare fraud implications. |
| $1.2M | Baldwin v. City of Atl. City, No. A-2858-12T2, 2015 WL 5009746 (N.J. Super. Ct. App. Div. Aug. 19, 2015) | New Jersey wrongful termination | The City of Atlantic City terminated its solicitor, Kimberly Baldwin, after she raised concerns about whether a tax attorney’s no-bid contract conflicted with pay-to-play restrictions. |
| $1.2M | Townsend v. Bayer Healthcare Pharmaceuticals Inc., JVR No. 1302080012, 2012 WL 7069840 (E.D.Ark. 2012) | False Claims Act whistleblower retaliation | Mike Townsend, a former pharmaceutical sales representative, was terminated by Bayer Healthcare Pharmaceuticals Inc. reporting a doctor to the Arkansas Attorney General’s Office, for fraudulent Medicaid billing, and for participating in the investigation of the doctor. |
| $1.2M | Young v. Los Angeles City College,et al., 2011 WL 793028 (Cal.Superior 2011) | California Whistleblower Protection Act | Selwyn Young was terminated by Los Angeles City College after reporting the misuse of funds to the Board of Trustees of the Los Angeles Community College District. |
| $1M | Bruce Casias v. Raytheon | Defense Contractor Whistleblower Protection Act | A Colorado jury awarded former Raytheon engineer Bruce Casias $43,000 in back pay and $1M in compensatory damages in a Defense Contractor Whistleblower Protection Act (DCWPA) case. |
| $1M | Brandon Fresquez v BNSF Railway Company | Federal Railroad Safety Act whistleblower retaliation | On February 19th, 2019, a Colorado jury awarded Brandon Fresquez $1,050,000 in damages in his FRSA whistleblower retaliation claim against BNSF Railway Company. |
| $1M | Kelley vs. Merle Norman Cosmetics, 18 Trials Digest 16th 15, 2013 WL 1898806 (Cal.Super. 2013) | California Whistleblower Protection Act | Merle Norman Cosmetics retaliated against Stephanie Kelley, Director of Marketing, after she reported sexual harassment against herself and other women to the company and to the Department of Fair Employment and Housing. |
| $1M | Farrell v. City of Los Angeles, JVR No. 1503020027, 2014 WL 7934105 (Cal.Super. 2015) | California Whistleblower Protection Act | Police Officers and Supervisors, Loren Farell and Juan Baello were retaliated against by the City of Los Angeles after they reported what they reasonably believed to be criminal conduct or violations of state and/or federal statutes and regulations by detectives under their supervision. |
| $1M | Humann v. City of Edmonds, No. C13-101 MJP, 2014 WL 7505838 (W.D.Wash. 2014) | Washington wrongful termination | The City of Edmonds and its Mayor Michael Cooper terminated former Human Resources Director, Debi Humann, after she disclosed to Cooper that she was cooperating with an investigation into his executive assistant, Kimberly Cole, and her substantially high salary, questionable time-sheet and her unaccounted payroll expenses. |
| $1M | Barati v. Metro-N. R. Co., 939 F. Supp. 2d 153 (D. Conn. 2013) | Federal Railroad Safety Act whistleblower retaliation | Metro-North Railroad retaliated against Andrew Barati after he reported that he broke his big toe when a jack failed and a rail tie fell on his foot. After reporting the injury, the railroad presented him with a notice of firing. He then reportedly received a three-month suspension before he was hired back at Metro-North. |
| $1M | Samuelson v. California Department of Mental Health, et. al., No. 26-57631 (N.D.Cal. Feb. 20, 2014). | California Whistleblower Protection Act | California Department of Mental Health terminated psychologist Melody Jo Samuelson after she raised concerns that the trial competency evaluation procedures did not comply with the applicable standard of care and violated statute. |
| $960,000 | Feliciano v. New Mexico Public Regulation Commission, et al., No. D-101-cv-2010-02008 (D.N.M. Jan. 18, 2013) | New Mexico wrongful termination | New Mexico Public Relation Commission terminated Aaron Feliciano, a former compliance director, after voicing concerns over his supervisors’ hiring of political contributors to investigate insurance cases resulting in slow, costly and ineffective investigations. |
| $903,000 | Trevor Murray v. UBS | Sarbanes-Oxley whistleblower retaliation | Murray alleged in his SOX complaint that UBS terminated his employment in 2012 for blowing the whistle on Commercial Mortgage-Backed Securities (CMBS) colleagues directing him to “preclear” drafts of his reports to ensure that the reports were favorable to UBS’ CMBS products and trading positions. Murray alleged that he complained about pressure to produce misleading reports and that UBS terminated his employment one month after his most recent complaint. |
| $900,000 | Perez v. City of Los Angeles, JVR No. 1506290047, 2014 WL 9966608 (Cal.Super. 2015) | California Whistleblower Protection Act | Armando Perez, a Police Lieutenant, was retaliated against by the City of Los Angeles after he reporting the findings of an audit concerning his division’s inventory of firearms, which discovered possible violations of federal, state or local laws regarding the sale of firearms to officers and civilians for profit. |
| $850,000 | United States ex rel. Jainniney v. Anmed Health, et al., 1:12-cv-2941 (N.D. Ga.) | False Claims Act whistleblower retaliation | Linda Jainniney, oncology manager at AnMed Health, was retaliated against after raising concerns that the hospital did not require that a radiation oncologist be present when supervising treatment of cancer patients. In addition to her retaliation claims, Ms. Jainniney received a $1.2 million award for exposing that the hospital defrauded the government by upcoding charges to Medicare and submitting fake service claims to Medicare. |
| $820,000 | Weihua Huang v. Rector & Visitors of Univ. of Virginia, 896 F. Supp. 2d 524, 529 (W.D. Va. 2012) | False Claims Act whistleblower retaliation | Two University of Virginia administrators retaliated against Dr. Weihua Huang after he blew the whistle on purported misuse of a federal research grant. |
| $800,000 | Curren v. Denver Health & Hospital Authority, JVR No. 1402240026, 2012 WL 10424143 (D.Colo. 2012) | False Claims Act whistleblower retaliation | JoAnne Curren, an internal auditor, was terminated by Denver Health & Hospitality Authority (DHHA) after she reported DHHA’s fraudulent billing reimbursement from Medicare and Medicaid. |
| $760,000 | Zimmerman v. University of Utah | Utah Whistleblower Act | Researcher was terminated in retaliation for reporting research misconduct. Judith Zimmerman, an assistant professor the psychiatry department at the University of Utah from 2005 to 2013, was granted $135,000 for emotional distress damages and $625,000 for the university’s breach of contract before June 30, 2013, according to the verdict form filed |
| $730,000 | Keyzer v. Regents of Univ. of California, et al., No. 34-2010-0079869 (Cal.Superior 2014) | California Whistleblower Protection Act | UC Davis Center for Healthcare Policy and Research terminated Janet Keyzer, a former UC Davis administrative nurse, after she blew the whistle on an unethical pain management research project on prison inmates. |
| $725,000 | O’Haire v. City and County of San Francisco, JVR No. 1505200018, 2015 WL 2394121 (Cal.Super. 2015) | California Whistleblower Protection Act | Kelly O’Haire, an Internal Affairs Attorney for the city and county’s police department, was terminated after pursuing a discipline case against the Police Chief Greg Suhr. The Police Chief had failed to immediately report a domestic violence incident involving his friend who was later charged with attempted murder. |
| $700,000 | Scott v. Lee Cnty. Sch. Bd., 2004 WL 6022536 (M.D.Fla.) | Florida wrongful termination | Elbert Ernest Scott was constructively discharged after raising issues to the Lee County School Board about problems with fire alarms, sprinkler systems, asbestos remediation and toxic mold in a number of local schools. |
| $700,000 | Jones v. SouthPeak Interactive Corp. of De., 986 F. Supp. 2d 680, 683-85 (E.D. Va. 2013) | Sarbanes-Oxley whistleblower retaliation | SouthPeak terminated its CFO, Read Jones, after she disclosed accounting irregularities to the SEC. |
| $700,000 | Casto v. Berkeley Medical Center, No. 12-C-638 (N.D.W. Va. 2012) | West Virginia wrongful termination | Wendy Casto was fired in retaliation for raising patient safety complaints with hospital management. |
| $613,000 | Preston v. City of Oakland, JVR No. 1510220030, 2015 WL 6375782 (N.D.Cal. 2015) | California Whistleblower Protection Act | Daryelle Lawanna Preston was terminated by the City of Oakland after refusing to falsify a report or falsely testify about hiring practices, which if true, would have violated the city charter. |
| $600,000 | In the Matter of Paradigm Capital Management, Inc. and Candace King Weir, File No. 3-15930 (June 16, 2014) | Dodd-Frank | Whistleblower was retaliated against after notifying the SEC about Paradigm Capital Management Inc. and its principal engaging in trades without effective client disclosure and consent. This tip led the SEC to initiate an action against Paradigm, resulting in total penalties over $2M. |
| $560,000 | Flecker, III v.Statue Cruises L.L.C., JVR No. 1411110030, 2014 WL 5862082 (N.J.Super.L. 2014) | New Jersey wrongful termination | New Jersey wrongful termination Howard Flecker III acted as a class representative against Statute Cruises, L.L.C. regarding overtime pay. In retaliation, his schedule was changed and his hours were reduced from 40-50 hours per week to 35 hours. |
| $515,000 | Mantilla v. Apgar Brothers Trucking Company, JVR No. 1505220042, 2014 WL 8879646 (N.J.Super.L. 2014) | New Jersey wrongful termination | Fernando Mantilla, a full-time truck driver, was terminated by Apgar Brothers Trucking Company after raising concerns about having to drive in excess of the maximum number of hours allowed by the United States Department of Transportation, and under the federal motor carrier safety regulations. |
| $455,000 | Sergeant Duym v. Township of Millburn, JVR No. 1407220038, 2014 WL 3704210 (N.J.Super.L. 2014) | New Jersey wrongful termination | Sergeant Kenneth Duym, a firearms range master, was retaliated against after refusing to make an acceptation for a Police Captain who could no longer pass the duty weapon re-qualification test. |
| $250,000 | Rhinehimer v. Bancorp Investment, Inc., 2013 WL 9235343 (E.D.Ky. Dec. 27, 2013) | Sarbanes-Oxley whistleblower retaliation | A former financial planner at Bancorp Investments, Inc. was wrongfully terminated for disclosing trade unsuitability. |
Whistleblower Retaliation and Whistleblower Protection Lawyers
Before hiring a whistleblower retaliation lawyer to prosecute your whistleblower case, assess the lawyer’s prior experience representing whistleblowers, knowledge of whistleblower laws, and prior results. And consider the experience of other whistleblowers working with that attorney. See reviews from former clients by clicking here.
- U.S. News and Best Lawyers® have named Zuckerman Law a Tier 1 firm in Litigation – Labor and Employment in the Washington DC metropolitan area.
Described by the National Law Journal as a “leading whistleblower attorney,” founding Principal Jason Zuckerman has established precedent under a wide range of whistleblower protection laws and obtained substantial compensation for his clients and recoveries for the government in whistleblower rewards and whistleblower retaliation cases. He served on the Department of Labor’s Whistleblower Protection Advisory Committee, which makes recommendations to the Secretary of Labor to improve OSHA’s administration of federal whistleblower protection laws. Zuckerman also served as Senior Legal Advisor to the Special Counsel at the U.S. Office of Special Counsel, the federal agency charged with protecting whistleblowers in the federal government. At OSC, he oversaw investigations of whistleblower claims and obtained corrective action or relief for whistleblowers.- Matt Stock is a Certified Public Accountant, Certified Fraud Examiner and former KPMG external auditor. As an auditor, Stock developed expertise in financial statement analysis and internal controls testing and fraud recognition. He uses his auditing experience to help IRS, CFTC and SEC whistleblowers investigate and disclose complex financial frauds to the government and develop a roadmap for the SEC to take an enforcement action. Matt has been interviewed on CNBC, quoted extensively about whistleblower rewards in the media, and is the lead author of SEC Whistleblower Program: Tips from SEC Whistleblower Attorneys to Maximize an SEC Whistleblower Award.
- Zuckerman was recognized by Washingtonian magazine as a “Top Whistleblower Lawyer” (2020, 2018, 2017, 2015, 2009, and 2007), selected by his peers to be included in The Best Lawyers in America® in the category of employment law (2011-2021) and in SuperLawyers in the category of labor and employment law (2012 and 2015-2021), is rated 10 out of 10 by Avvo, based largely on client reviews, and is rated AV Preeminent® by Martindale-Hubbell based on peer reviews
- We have published extensively on whistleblower rights and protections, and speak nationwide at seminars and continuing legal education conferences. We blog about new developments under whistleblower retaliation and rewards laws at the Whistleblower Protection Law and SEC Awards Blog, and in 2019, the National Law Review awarded Zuckerman its “Go-To Thought Leadership Award” for his analysis of developments in whistleblower law.
- Our attorneys have been quoted by and published articles in leading business, accounting, and legal periodicals, including The Wall Street Journal, Forbes, CNBC, MarketWatch, Vox, Accounting Today, Going Concern, Law360 – Expert Analysis, Investopedia, The National Law Review, inSecurities, Government Accountability Project, S&P Global Market Intelligence, Risk & Compliance Magazine, The D&O Diary, The Compliance and Ethics Blog, Compliance Week and other printed and electronic media.
Described by the National Law Journal as a “To learn more about whistleblower rewards or whistleblower protections, call the whistleblower retaliation lawyers at leading whistleblower firm Zuckerman Law for a free consultation at 202-262-8959, or click here.
And for information about the SEC’s Whistleblower Reward Program, download our free ebook SEC Whistleblower Program: Tips from SEC Whistleblower Attorneys to Maximize an SEC Whistleblower Award.
SOX Whistleblower Protections Lawyer’s Guide to SOX Whistleblower Protection Law
On the fifteenth anniversary of SOX, leading whistleblower law firm Zuckerman Law released a free guide to the SOX whistleblower protection law: Sarbanes-Oxley Whistleblower Protection: Robust Protection for Corporate Whistleblowers. The guide summarizes SOX whistleblower protections and offers concrete tips for corporate whistleblowers based on lessons learned during years of litigating SOX whistleblower cases.
The goal of the guide is to arm corporate whistleblowers with the knowledge to effectively combat whistleblower retaliation, avoid the pitfalls that can weaken a SOX whistleblower case, and formulate an effective strategy to obtain the maximum recovery.
- See our column in Forbes: One Billion Reasons Why The SEC Whistleblower-Reward Program Is Effective.
- See our column in Going Concern: Sarbanes-Oxley 15 Years Later: Accountants Need to Speak Up Now More Than Ever.
- See our post in Accounting Today: Whistleblower Protections and Incentives for Auditors and Accountants.
- See our post in The Compliance and Ethics Blog: Shkreli Trial Reveals the Challenges Faced by Compliance Whistleblowers.
False Claims Act Whistleblower Retaliation Lawyers
The whistleblower protections of the False Claims Act and the NDAA protect strong protections for employees of federal contractors and grantees.
See our answers to frequently asked questions about False Claims Act whistleblower protection law.
See our answers to frequently asked questions about False Claims Act qui tam whistleblower awards.
For more information about whistleblower protections for employees of government contractors and grantees, including Department of Defense contractors, see our Practical Law Practice Note titled Whistleblower Protections Under the National Defense Authorization Act. This Practice Note surveys the legal protections for employees of federal contractors, subcontractors, and grantees that receive federal funds who report waste, fraud, or abuse involving federal funds, a violation of law, rule, or regulation related to a federal contract, or a substantial and specific danger to public health or safety.
In addition, the outline explains the procedures that govern the filing, investigation and adjudication of National Defense Authorization Act (NDAA) whistleblower retaliation claims.
Topics covered include:
- Protected whistleblowing under the NDAA.
- The scope of coverage of the NDAA’s whistleblower protection provisions.
- The reasonable belief standard governing NDAA protected whistleblowing.
- Proving “contributing factor” causation
- The same-decision affirmative defense
- Remedies or damages available to prevailing NDAA whistleblowers.
SEC Whistleblower Retaliation Lawyers
Tax Fraud Whistleblower Retaliation Lawyers
Whistleblower Protection Act Lawyers
Zuckerman Law released a guide for federal employee whistleblowers titled The Whistleblower Protection Act: Empowering Federal Employees to Root Out Waste, Fraud and Abuse and is available for download by clicking here.
- OSHA Clarifies Investigative Standard for OSHA Whistleblower Investigations
- OSHA Awards $350,000 in Damages to Railroad Whistleblower
- OSHA Awards $250,000 in Punitive Damages in FRSA Whistleblower Retaliation Case
- OSHA Orders Pilot Reinstated in Airline Whistleblower Case
- Fifth Circuit Holds that “Outing” a Whistleblower is an Adverse Action Under SOX
- Whistleblower Obtains Restraining Order to Halt Retaliation
- Whistleblower Attorney Zuckerman Quoted in Washington Post About SEC Order
- Article Reports on Petition to Strengthen Whistleblower Rights
- Whistleblower Advocates Petition DOL to Combat Corporate Muzzling of Whistleblowers
- ARB Decision Clarifies Favorable Causation Standard for Whistleblowers
- Whistleblower Lawyer Co-Authors Article About De Facto Gag Clauses
There are many laws that protect corporate whistleblowers against retaliation. There are many variations in these laws, but all of them usually have four elements. One, did the employee blow the whistle on an issue that is protected under the statute? For example, did the employee raise a concern about a violation of an SEC rule? That would be protected under the Sarbanes-Oxley Act. Number two. Did the employer know about the employees protected activity or suspect that the employee blew the whistle? Number three. Was there some adverse employment action, some harmful action to the employee? Number four. Is there a link between the protected whistleblowing and that adverse employment action? Under these laws, corporate whistleblowers can get a wide variety of remedies. Those include loss pay, emotional distress damages, loss future earnings, and under some laws, a corporate whistleblower can recover punitive damages.
ABOUT ZUCKERMAN LAW
Summary
We are a Washington, DC-based law firm that represents whistleblowers in whistleblower rewards and whistleblower retaliation matters and litigates discrimination claims on behalf of employees in the District of Columbia, Maryland, and Virginia. The firm is dedicated to zealously advocating on behalf of our clients to achieve justice and accountability.
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Professionalism
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Perseverance
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Had a chance to work with Dallas Hammer (& Jason Zuckerman) as part of my Whistleblower case against my employer. Dallas worked with me diligently and transparently to build the case and file the appropriate motions in the ALJ. He was very knowledge about the prosecution of these types of cases and I could always rely on him for 110% effort. We build a strong working relationship and trust. We fought a good fight and won a satisfactory settlement.
I do not wish my experience on anyone but if you ever get mistreated my your employer and feel that your employer is breaking the law, call Dallas Hammer at Zuckerman Law.
I am a whistleblower for the US Government, and suffered continued harassment from my superiors. After Jason came on board, he never let up until they left me alone. He was dedicated, caring, and he nailed my agency with everything he could find. (He found a lot!) He quite simply cowed them with his superior knowledge of the law. He is amazing, and I’m not sure I would have a job without him.