Preemptive Retaliation The doctrine of preemptive retaliation permits a whistleblower to bring a claim where…
No. The whistleblower protection provision of the False Claims Act (FCA) protects "lawful acts done…
Under certain whistleblower protection laws, there is a deliberate misconduct defense under which an employee…
Yes, threatening a whistleblower with disciplinary action can constitute an actionable adverse action. In Stallard…
Courts recognize that many employers operate under a complex legal structure and therefore it can…
The statute of limitations begins to run from the time that the complainant knows…
The U.S. Department of Labor Occupational Safety and Health Administration (“OSHA”) administers the anti-retaliation provision…
Where an employer jumps on an employee’s first instance of misconduct or poor performance and…
Retaliatory acts outside the statute-of-limitations are relevant evidence of retaliation Discrete conduct occurring outside the…
Disclosing a whistleblower’s identity may constitute an adverse employment action. The U.S. Court of Appeals…
Is constructive discharge a prohibited act of retaliation under SOX? Retaliatory termination goes beyond…
Disclosures made in the course of performing one’s job duties are protected under the…
