Whistleblower Law Blog

Seventh Circuit Interprets "Reasonable Belief" in FCA Retaliation Claim

November 17, 2016
Although the amendments to the 2009 Fraud Enforcement and Recovery Act (FERA) expanded the scope of the False Claims Act’s (FCA) retaliation protections, this expanded scope was of no help to Eric Uhlig in his recent suit against his employer. See United States ex rel. Eric Uhlig v. Fluor Corp, 2016 WL 5905714 (7th Cir. Oct. 11...

FRSA Case Could Have Big Impact on Future Whistleblower Claims

November 15, 2016
The Administrative Review Board (ARB) of the Department of Labor (DOL) issued a remarkable decision for whistleblowers in late September, clarifying the evidence on which whistleblowers may rely in proving their cases and the causation standard by which whistleblower retaliation claims should be evaluated. The decision came in...

Truck Driver Receives Win from ARB in STAA Whistleblower Case

November 9, 2016
On August 30, the Administrative Review Board (ARB) decided Dick v. Tango Transport, ruling in favor of the whistleblower – a truck driver for Tango Transport named Curtis Dick – and reinforcing the strength of whistleblower protections critical to the safety of the commercial trucking industry. Case Background Curtis Dick...

D.C. Circuit Case Could Redefine Employment Relationship Among Joint Employers

November 3, 2016
The U.S. Court of Appeals for the District of Columbia will soon decide whether the National Labor Relations Board (NLRB) has adopted the correct standard for determining that two business entities are joint employers for purposes of the National Labor Relations Act (NLRA). The Board has clarified that the correct test is...

SOX Whistleblower Case Reflects Trend Toward Increased Protections

October 25, 2016
Employees who believe they’ve spotted fraud or other violations of the law at their workplaces are often afraid to report these violations to their supervisors or to government agencies. While they may know about legal protections for whistleblowing, it is often more challenging for employees to determine if they are observing...

Jury Awards $250,000 in Punitive Damages in Railroad Whistleblower Case

October 18, 2016
On Sept. 15, a jury in the U.S. District Court for the Southern District of New York issued a $250,000 punitive damages award against Amtrak in a whistleblower retaliation case brought by two Amtrak employees under the Federal Railroad Safety Act (FRSA). The punitive damages award of $125,000 each for two plaintiffs far...

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...

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...

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