Katherine Krems, Author at Zuckerman Law

Can a whistleblower prevail in a retaliation case if they had a performance problem prior to blowing the whistle?

Every case is unique and the outcome of a case depends upon variety of factors, but a prior performance problem is not an insurmountable … Continued

What whistleblowing disclosures are protected under the Consumer Financial Protection Act whistleblower retaliation law?

Consumer Financial Protection Act Whistleblower Protection Section 1057 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (CFPA) protects individuals who provide … Continued

What law protects whistleblowing about tax fraud or violations of IRS rules?

The whistleblower protection provision of the Taxpayer First Act provides robust protections for a whistleblower disclosing tax fraud to their employer or the IRS. The scope … Continued

Whistleblower Protections for Nonprofit Employees

Employees at non-profit organizations are protected against retaliation where they engage in protected whistleblowing. If you have suffered retaliation for whistleblowing, contact us today.

Are employers in Virginia prohibited from discriminating based on pregnancy?

Virginia Law Prohibiting Pregnancy Discrimination Yes – employers in Virginia are prohibited from discriminating on the basis of pregnancy, childbirth, and related conditions, including lactation. … Continued

How does the Department of Labor determine emotional distress damages in whistleblower retaliation cases?

At the various stages of a whistleblower retaliation case, the DOL uses several factors to determine emotional distress damages. Emotional distress damages fall under compensatory (non-economic) damages and can include damages for mental anguish or pain and suffering. Generally a plaintiff seeking emotional distress damages must demonstrate: 1) objective manifestations of the distress, and 2) a causal connection between the adverse employment action and the distress.

Do whistleblower protection laws bar associational discrimination or associational retaliation?

Associational discrimination occurs when an employer discriminates against an employee based on a close relationship with another person.

Image of Do whistleblower protection laws prohibit retaliation against an employee who is about to provide information to the government or threatens to file a complaint with federal authorities?

Do whistleblower protection laws prohibit retaliation against an employee who is about to provide information to the government or threatens to file a complaint with federal authorities?

Whistleblower Retaliation Against an Employee About to Blow the Whistle Yes, some whistleblower protection laws prohibit retaliation against an employee who is about to report … Continued

Is placing a whistleblower under surveillance actionable retaliation?

Retaliatory Surveillance of Whistleblower Yes – placing a whistleblower under surveillance can be actionable retaliation. The elements of a retaliation claim are not uniform, … Continued

Are second-hand whistleblower reports credible, and do they merit investigation?

Study Reveals that Second-Hand Whistleblower Reports Are Credible A recent study found that second-hand whistleblower reports can be credible and merit investigation. The study found … Continued

What Virginia laws prohibit retaliation against an employee for reporting discrimination?

Both state and federal law prohibits employers in Virginia from retaliating against employees for reporting discrimination.

What is anticipatory retaliation?

Anticipatory retaliation occurs when an employer takes or threatens to take an adverse employment action against an employee before that employee reports alleged discrimination or engages in other protected activity. An employer anticipatorily retaliates when it takes or threatens to take an adverse employment action in order to dissuade or discourage the employee from engaging in future protected activity.

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