Whistleblower Law Blog

Politics in the Workplace: What Are Your Protections?

October 18, 2016
In an article published today for Law360, partner Debra Katz and I explained the surprising state of the law surrounding protections for employees and restrictions on employers in issues involving politics in the workplace. Particularly in today’s incredibly contentious political climate, we thought that it was critical that...

OSHA Issues New Guidelines to Stop Employers from Barring Whistleblowing

October 11, 2016
The Occupational Safety and Health Administration (“OSHA”) has issued new whistleblower-friendly guidelines regarding the approval of settlement agreements between employees and employers arising out of retaliation complaints. OSHA guidelines in this field are important to whistleblowers, as OSHA investigates and enforces...

SOX Whistleblower Awarded $2.7 Million in Front Pay

October 3, 2016
A Sarbanes-Oxley Act (SOX) whistleblower was recently awarded $2.7 million in front pay alone after a jury determined that he had been retaliated against for opposing a publicly traded pharmacy company’s fraud against its shareholders. Combined with his $1.6 million award for back pay and other compensatory damages, the case...

U.S. Tax Court Decision Spells Big Win for IRS Whistleblowers

September 29, 2016
The IRS whistleblower program provides essential incentives to people with evidence of tax fraud to file a report with the IRS. The program allows a person to collect up to 30 percent of the amount the IRS recovers as a result of the tip she provides to the IRS, when the amount involved is over $2 million and subject to certain...

DOE Heavily Criticized in New Nuclear Whistleblower Program Audit

September 27, 2016
The Department of Energy (“DOE”) touts the importance of safety in the nuclear industry – and with good reason. The impact of a catastrophic failure at a nuclear plant can last for years and affect people who live far from a reactor. Even smaller-scale safety deficiencies can seriously harm hundreds of workers. Despite its...

OSHA Announces Pilot Program to Expedite Whistleblower Claims

September 22, 2016
When whistleblowers file a complaint with the Occupational Safety and Health Administration (OSHA), a complainant often has to wait months, or even years, to see a full resolution of his or her claims.  Often, delays are a result of the volume of complaints filed –  OSHA received over 3,000 whistleblower complaints last year...

OSHA Whistleblower Investigation Manual Changes Could Benefit Employees

September 13, 2016
The 2016 update to the Whistleblower Investigations Manual used by the Occupational Safety and Health Administration (OSHA) could prove to be a much-needed boon to employees across the country. As many readers of this blog know, OSHA is responsible for enforcing provisions in over 20 separate federal statutes that provide...

STAA Protections Help Trucker Fired for Leaving Dangerous Conditions

September 8, 2016
On August 8, the Tenth Circuit Court of Appeals decided TransAm Trucking Inc. v. Administrative Review Board, Department of Labor. The Court ruled 2-1 in favor of the whistleblower – a truck driver for TransAm Trucking named Alphonse Maddin – with Judge Michael Murphy writing for the majority and Judge Neil Gorsuch dissenting....

What Federal Whistleblowers Need to Know about the Insider Threat Program

August 30, 2016
Whistleblowers serve a critical function in our society. They are inside watchdogs who expose wrongdoing at their place of employment, most times at great personal risk to their jobs. Acknowledging the important, yet risky, role that whistleblowers play in policing the workforce, the law has historically afforded whistleblowers...

Want to Win Your Whistleblower Claim? Learn How to Legally Gather Evidence

August 23, 2016
When employees want to report on suspected law breaking or misconduct, gathering evidence to become a whistleblower brings with it many legal pitfalls. Some forms of evidence gathering are not only allowed but are considered protected activity for an employee – that is, an employer cannot take any negative employment action (...

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