Whistleblower Law Blog
FRSA Whistleblower Wins $1.6M Jury Award
August 8, 2016
In May 2016, a jury trial resulted in a $1.6 million verdict for a Federal Railroad Safety Act (FRSA) whistleblower. Under the FRSA, whistleblowers need only show that their protected activity was a contributing factor to the termination decision. The whistleblower’s burden under the FRSA is lower than in many other...
[Video] If You Report a Cybersecurity Issue, Are You Protected Under Whistleblower Law?
August 4, 2016
Cybersecurity is an increasingly important field of whistleblower law. In recent years, lack of awareness among top business leaders has facilitated a number of hacks and data breaches. In today’s data-driven work environment, strong cybersecurity policies and practices are essential to data security. By failing to protect even...
How Does Causation Factor into a Whistleblower Claim?
August 2, 2016
In whistleblower cases, the employee’s protected activity usually consists of clear and tangible conduct. Disputes about this element of the claim depend on whether the employee reasonably believed she was objecting to unlawful conduct and expressed that opposition clearly enough. Similarly, the adverse action element is...
How Does the Amended FCA Alter the Scope of Whistleblower Protections?
July 27, 2016
A defense contractor fired an employee after he complained about overbilling of the government. The employee’s counsel knows that numerous anti-retaliation protections may apply, with the False Claims Act (FCA) and the National Defense Authorization Act (NDAA) being two strong candidates. But which should they assert? A recent...
SCOTUS Ruling May Increase FCA Whistleblower Claims
July 26, 2016
The Supreme Court in a recent decision has potentially increased the number of claims available to whistleblowers under the False Claims Act (FCA). The decision in Universal Health Services, Inc. v. United States ex rel. Escobar resolved a dispute among lower courts as to whether whistleblowers can pursue claims under the “...
Truck Driver Wins STAA Whistleblower Claim Against Retaliatory Employer
July 21, 2016
It is not uncommon for commercial truck drivers to encounter unforeseen delays or obstacles that make the on-time delivery of their product impossible without violating the U.S. Department of Transportation’s hours of service regulations, which limit the number of consecutive hours a commercial motor vehicle driver can drive in...
OSHA Targets Executives for Retaliating Against Whistleblowers
July 19, 2016
Everybody deserves a safe workplace, and our workplaces cannot be safe when workers do not feel comfortable reporting safety issues to their supervisors or federal regulators. Two recent complaints filed by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) demonstrate the importance of...
4 Anti-Retaliation Laws Whistleblowers Should Know
July 14, 2016
If you have recently been fired, demoted or harassed at work because you objected to conduct you believed was wrong – or if you are considering making an objection or complaint – you may be wondering whether any federal laws exist that might offer you protection against retaliation. While in many cases an at-will employee may...
Is It Retaliation? Exploring the Line Between Justified and Adverse Actions
July 11, 2016
Courts reviewing whistleblower retaliation claims generally apply the standard developed in Title VII retaliation cases to determine whether actionable retaliation has occurred. That standard, announced by the Supreme Court in Burlington Northern and Santa Fe Ry. Co. v. White, 548 U.S. 53, 68 (2006), requires proof that an...
8th Circuit Relies on 'Sylvester' Standard in Recent Whistleblower Case
June 23, 2016
My colleagues and I have written frequently about the complex web of legal issues facing corporate whistleblowers. A recent decision out of the 8th Circuit Court of Appeals, Beacom v. Oracle, looked at two of these issues:
1) the appropriate legal standard to satisfy the “reasonable belief” requirement that employees must meet...
