Whistleblower Protection Archives

Can Whistleblowers Disclose Secret Recordings to the SEC?

Many companies ban employees from making audio or video recordings in the workplace. Companies argue that these policies promote employee communication without the fear of being recorded. However, are these policies lawful? Can corporate whistleblowers provide recordings evidencing fraud to the SEC notwithstanding these policies? Taping and Disclosing Information to the SEC Can be Protected … Continued

Congress Strengthens Whistleblower Protections for Federal Employees

Yesterday President Trump signed into law Follow the Rules Act, which prohibits an agency from taking a personnel action against an employee for refusing an order that would require the employee violate a law, rule or regulation. The Act overturns the Federal Circuit’s 2016 decision in Rainey v. Merit Sys. Prot. Bd., 2016 WL 3165617 (Fed. Cir. June … Continued

Comey’s Testimony Underscores Need for Strong Whistleblower Protections

For me, the most telling moment of former FBI Director Jim Comey’s June 8th testimony occurred early in the hearing, when Mr. Comey choked up as he recalled the White House’s publicly stating that the President had fired him because the “FBI was in disarray.” This emotional display seemed out of character for Mr. Comey. … Continued

Whistleblowers with axes to grind are protected

“Wrongdoing is no less wrong because it was brought to light by an employee with an axe to grind[,]” argues the U.S. Office of Special Counsel’s (OSC) in a recent amicus brief in a Whistleblower Protection Act case. Last week, the OSC filed an amicus brief about whether a federal employee must have “pure” motives when … Continued

Whistleblower Attorney Will Address BNA Bloomberg Webinar About Trying Sarbanes-Oxley Whistleblower Retaliation Cases

Whistleblower attorney Jason Zuckerman will speak at a BNA Bloomberg webinar titled “Trying Sarbanes-Oxley Whistleblower Retaliation Cases” on Thursday, April 20, 2017 from 12:00 PM to 1:30 PM ET. To register, click here. This year a jury awarded Sanford Wadler, the former General Counsel of a public company, approximately $11M in damages in a Sarbanes-Oxley (SOX) whistleblower … Continued

Whistleblower Lawyer Will Speak at DC Bar Program About Whistleblower Rights, Protections and Challenges

Whistleblower lawyer Jason Zuckerman, Principal of Washington DC whistleblower law firm Zuckerman Law, will speak at a DC Bar program on April 4, 2017 titled “Whistleblower Rights, Protections and Challenges.” To register, click here. Zuckerman is honored to join Darshan Sheth of the U.S. Office of Special Counsel and Robert Storch, Deputy Inspector General, Department of Justice, … Continued

Whistleblower Attorney Interviewed by National Law Journal About Labor Secretary Nominee

A National Law Journal article titled What Should the Senate #AskPuzder? Labor Lawyers Have Questions summarizes interviews with employment lawyers across the country about what senators should ask Labor Secretary nominee Puzder at his confirmation hearing. The NLJ interviewed whistleblower lawyer Jason Zuckerman, Principal of Washington DC whistleblower law firm Zuckerman Law, and he proposed asking the … Continued

Judge Gorsuch’s Opinion in Whistleblower Case Reveals the Dishonesty of his Alleged Strict Textualism

If Judge Neil Gorsuch is confirmed, he will play a critical role in construing laws that protect worker health and safety, including laws protecting whistleblowers who suffer retaliation for opposing illegal or unsafe conduct that jeopardizes public health and safety. According to the Bureau of Labor Standards, 4836 workers were killed on the job in … Continued

Draining the Swamp Requires Robust Whistleblower Protections and Incentives

The Trump Administration has promised to “drain the swamp,” combat corporate corruption, and root out waste, fraud, and abuse in the federal government. To achieve those laudable goals, the new Administration will need to appoint effective leaders to the agencies or subagencies charged with enforcing whistleblower-protection laws, and Congress will need to preserve and, indeed, … Continued

Whistleblower’s Win Strengthens Whistleblower Protection for Federal Employees

The U.S. Court of Appeals for the Federal Circuit’s recent decision in Miller v. Dep’t of Justice, No. 2015-3149 (Fed. Cir. Dec. 2, 2016) clarifies the standard for determining whether an agency has met its burden under the Whistleblower Protection Act (WPA) to prove by clear and convincing evidence that it would have taken the same personnel action … Continued

Whistleblower Firm Zuckerman Law Named a Tier 1 Firm by U.S. News – Best Lawyers® 2017

U.S. News and Best Lawyers® have named Zuckerman Law a Tier 1 firm in Litigation – Labor and Employment in the Washington DC metropolitan area in the 2017 edition “Best Law Firms.” Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review … Continued

ARB Decision in Nuclear Whistleblower Case Underscores Favorable Causation Burden for Whistleblowers

The Department of Labor Administrative Review Board’s recent decision in Armstrong v. Flowserve US, Inc., ARB Case No. 14-023 (Sept. 14, 2016) underscores how difficult it is for employers to obtain summary decision in whistleblower retaliation cases and how the causation standard in nuclear whistleblower retaliation cases is favorable for whistleblowers. Takeaways for Whistleblowers: At … Continued