Whistleblower Protection Lawyers Archives

What types of false claims are prohibited by the False Claims Act?

False Claims Prohibited by the False Claims Act The False Claims Act permits whistleblowers, also known as qui tam relators to recover damages on behalf of … Continued

How can a whistleblower prove retaliation?

Circumstantial Evidence Proving Retaliation Circumstantial evidence of retaliation includes: temporal proximity; indications of pretext; inconsistent application of an employer’s policies; an employer’s shifting explanations for … Continued

Does a SOX whistleblower need to prove that the employer’s reason for the adverse action is untrue?

A SOX whistleblower is not required to disprove the employer’s allegedly legitimate, non-retaliatory reason for taking an adverse employment action.[i] But proof of pretext can prove causation. As the ARB observed in Palmer, “Indeed, at times, the factfinder’s belief that an employer’s claimed reasons are false can be precisely what makes the factfinder believe that protected activity was the real reason

Does OSHA prohibit gag clauses in settlement agreements?

OSHA Prohibits Gag Clauses in Settlement Agreements When a whistleblower retaliation case is resolved before OSHA, the agency will evaluate the proposed settlement to ensure … Continued

Where are SOX whistleblower cases litigated?

A claim under the anti-retaliation provision of the Sarbanes-Oxley Act must be filed initially at the Occupational Safety and Health Administration at the U.S. Department of Labor. They will perform an investigation and if they conclude that the employer violated SOX, OSHA can order preliminary reinstatement.

Who administers the whistleblower protection provision of the Sarbanes-Oxley Act?

A claim under the anti-retaliation provision of the Sarbanes-Oxley Act must be brought initially at the OSHA at the US Department of Labor. OSHA … Continued

Do mandatory arbitration agreements encompass SOX whistleblower claims?

Sarbanes-Oxley retaliation claims are exempt from mandatory arbitration agreements. The statute states: “No predispute arbitration agreement shall be valid or enforceable, if the agreement requires arbitration of a dispute arising under this section.”

Can I sue an individual under the Sarbanes-Oxley Act?

Individual Liability Under SOX Whistleblower Protection Law Yes, a whistleblower can bring a SOX retaliation claim against an individual who has the functional ability … Continued

Must a NDAA Whistleblower Retaliation Plaintiff Prove a Subjective Belief of a Violation?

Protected Whistleblowing Under NDAA Whistleblower Law The whistleblower protection provisions of the NDAA protect the disclosure of information that the employee reasonably believes is … Continued

Is a Sarbanes-Oxley whistleblower required to prove fraud?

Is a SOX whistleblower required to prove shareholder fraud? A SOX complainant need not allege or prove shareholder fraud to receive SOX’s protection. SOX was … Continued

Can OSHA order the reinstatement of a Sarbanes-Oxley whistleblower?

If OSHA determines there is “reasonable cause” to believe the complaint has merit, with limited exceptions “it shall issue” a preliminary order restoring the complainant to his or her employment status and requiring the employer to take affirmative action to abate the violation. 49 U.S.C. § 42121(b)(3)(B); 29 CFR § 1980.105(a)(1). Reinstatement orders are immediately effective and are not stayed pending the resolution of any objections or appeal. See 49 U.S.C. § 4212 (b)(2)(A).

Does subjecting an employee to heightened scrutiny evidence retaliation?

Jumping on the first instance of poor performance or misconduct indicates pretext, especially where the employee has a record of strong performance prior to engaging in protected activity.

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