Whistleblower Retaliation Litigation
The attorneys at The Employment Law Group®
law firm have substantial experience litigating
whistleblower retaliation claims on behalf of employees,
including in the following areas:
The Employment Law Group® law firm has
established important precedent under whistleblower
protection laws, including in
Kalkunte v.
DVI Financial Services, Inc. and
Leznik v. Nektar Therapeutics, Inc., and has helped
draft whistleblower protection laws.
An overview of whistleblower protection
laws
There are a wide range of laws both at the
state and federal level that protect whistleblowers from
retaliation and most states recognize a common law action
for wrongful discharge in violation of public policy. The
decision to pursue a retaliation claim under state and/or
federal law can be complex and therefore, it is critical to
retain skilled counsel capable of determining which federal
and/or state laws are best suited to prosecute a
whistleblower retaliation claim.
What federal laws protect
whistleblowers?
Various federal laws protect
whistleblowers. For example, the
False Claims Act "(FCA)" protects employees
who are retaliated against for disclosing fraud against the
government. The Department of Labor (DOL) administers
fifteen whistleblower provisions that protect employees who
disclose information about violations of laws pertaining to
airline, trucking, nuclear, environmental, rail and
workplace safety. The
Dodd-Frank Act protects whistleblowers who report
violations of securities laws to either the SEC or
Commodities Futures Trading Commission. The Act also
protects employees who report fraud relating to a consumer
financial product or service to the Bureau of Consumer
Financial Protection.
Federal employees can pursue a retaliation claim under the
Whistleblower Protection Act (WPA), which prohibits federal agencies from
retaliating against federal employees who engage in whistleblowing activities.
In addition, Congress recently enacted
whistleblower protections for
contractor employees and employees of state and local
governments to
safeguard against fraudulent spending of stimulus funds. To
learn more
about the new whistleblower protections,
click here.
Employees alleging whistleblower
retaliation against an employer should retain experienced
counsel as soon as possible because many whistleblower
retaliation claims have a short statute of limitations.
What state laws protect whistleblowers?
More than thirty-eight states have enacted
statutory whistleblower protections, some of which are
limited to public sector employees. An example is the
D.C.
Whistleblower Protection Act which protects employees of the D.C.
government who suffer retaliation because of their protected
disclosures or refusal to follow illegal orders. In
addition, most states recognize a public policy exception to
the employment-at-will doctrine under common law.
What activities are protected under
whistleblower protection laws?
Whistleblower protection laws generally
cover a broad range of protected disclosure, including
providing information to a supervisor or government agency
that the whistleblower reasonably believes evidences:
-
a
violation of law, rule or regulation;
-
gross mismanagement;
-
gross waste of funds;
-
an
abuse of authority; or
-
a
substantial and specific danger to public health or
safety.
What must the plaintiff prove to
prevail?
To be successful under most whistleblower
retaliation laws, an employee must prove the following:
-
That
she engaged in protected activity;
-
That
the employer knew that she engaged in protected
activity;
-
That
the employer took an adverse personnel action
against her; and
-
That
the protected activity contributed to the employer's
decision to take the adverse action.
What retaliatory acts are prohibited by
whistleblower protection statutes?
Many whistleblower protection laws
prohibit a broad range of retaliatory actions, including
demotion, termination, denial of benefits, failure to hire,
failure to promote, intimidation, reassignment, and any
other discriminatory action that would negatively impact the
terms and conditions of the whistleblower's employment or
would dissuade a reasonable person from engaging in further
protected conduct.
What can a prevailing whistleblower
recover?
Under many whistleblower protection laws,
a prevailing employee can recover back pay for lost wages,
front pay for future lost wages, compensatory damages, and
litigation costs, including attorney fees. Under some
whistleblower protection laws, a prevailing employee can
obtain exemplary or punitive damages.
The Employment Law Group® law firm
has published articles on representing and protecting
whistleblowers:
"Whistleblower
Provisions Of The Dodd-Frank Act," Law360 (July 20,
2010).
"Whistleblower
Protections in the Finance Reform Bill," Law360 (May 27,
2010).
"Congress
Enacts Robust Whistleblower Protections To Prevent Fraud In
Stimulus Spending," Employee Advocate (May 2010).
"Whistleblower
Protections Under Health Care Bill," Law360 (April 12,
2010).
"2010
Annual Update on the Whistleblower Provisions of the
Sarbanes-Oxley Act of 2002," American Bar Association
Section of Labor and Employment Law Subcommittee on the
Sarbanes-Oxley Act of 2002 (February 2010).
"Federal
Whistleblower Protections for Transportation Employees,”
The Employee Advocate (Spring/Summer 2009)
"SOX:
A Robust Remedy For Whistleblowers," Law360 (August
2009)
“Representing
Whistleblowers in Adler Wrongful Discharge Actions,”
Maryland Bar Journal (July 2009).
"Protecting
the Whistleblower," Corporate Responsibility Officer
(February 2008)
"Representing
Whistleblowers," The Docket (November 2006).
"Win
for Whistleblowers," National Law Journal
(September 8, 2008)
"The
Umpires Strike Back", Legal Times (June 2008)
"Seven
Questions For Sarbanes-Oxley Whistleblowers To Ask,"
The Practical Lawyer (October 2007)
"SOX's
Whistleblower Provision–Promise Unfulfilled,"
Securities Litigation Reporter Vol. 4, Issue 7
(July/August 2007).
"Six
Steps to Limiting Sarbanes-Oxley Whistleblower Liability,"
IT Business Edge (January 16, 2007).
"Whistleblower
Protections in the Nonprofit Sector," Nonprofit Risk
Management Center (September 2005).
"Complying
with Sarbanes-Oxley's Document Destruction Provisions,"
Association Management (July 2004).
"Whistleblower
Protection Programs for Associations," Association
Management (June 2004).
"Litigating Whistleblower Cases," a
chapter in
Whistleblowing: The Law of Retaliatory Discharge
(BNA Books 2004).
Disclaimer: This website
is maintained by The Employment Law Group® law firm to provide general
information about itself and the field of employment law. The information you
obtain at this site is not, nor is it intended to be, legal advice upon which
you should rely or act. If you would like to discuss your potential claim call
us at 888-603-0983 or
inquiry@employmentlawgroup.com
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