Whistleblower Retaliation Damages Archives

Does the Whistleblower Protection Act Prohibit Retaliation for Refusing to Obey an Order Requiring a Violation of Law?

The Whistleblower Protection Act prohibits an employer from taking a personnel action against an employee for refusing an order that would require the employee violate … Continued

Are disclosures to an Inspector General protected under the Whistleblower Protection Act?

The Whistleblower Protection Act protects cooperating with or disclosing information to an agency IG or OSC (5 U.S.C. § 2302(b)(9)(C)). Section 2302(b)(9)(C) covers disclosures made to … Continued

How does a whistleblower prove knowledge of protected whistleblowing?

Under the WPA, the whistleblower must prove that the agency officials accused of retaliation knew about the individual’s protected disclosures. An employee can show … Continued

What evidence is required to prove compensatory damages in a whistleblower retaliation case?

Most of the whistleblower retaliation statutes adjudicated at the DOL, including SOX, authorize compensatory damages. Until recently, awards of compensatory damages by the DOL were fairly nominal absent expert witness testimony concerning the whistleblower’s emotional distress damages or diminished career prospects. However, two recent decisions, one from the Eighth Circuit and the other from the ARB, indicate that a whistleblower can obtain substantial compensatory damages based solely on his or her testimony.

What whistleblowing is protected under the False Claims Act anti-retaliation provision?

False Claims Act Whistleblower Protection The whistleblower protection provision of the False Claims Act (“FCA”), protects “lawful acts done by the employee, contractor, agent or associated … Continued

Does the Sarbanes-Oxley whistleblower law authorize front pay?

Prevailing Sarbanes-Oxley Whistleblowers Can Recover Front Pay A prevailing SOX whistleblower can recover “all relief necessary to make the employee whole,” including reinstatement, back pay, … Continued

What acts of retaliation are prohibited by the Sarbanes-Oxley whistleblower protection law?

Retaliation Prohibited by the Sarbanes-Oxley Whistleblower Protection Law The Sarbanes-Oxley whistleblower protection law prohibits a broad range of retaliatory acts, including: termination; demotion; suspension; harassment; … Continued

What is the employer’s burden in a Sarbanes-Oxley whistleblower retaliation case?

An employer must prove clearly and convincingly that it would have taken the same adverse employment action even if the employee had not engaged in protected activity.[i] The operative phrase here is “would have.” An employer fails to meet its burden if it establishes merely that it could have taken the same adverse action. “Clear and convincing” evidence can be quantified as establishing the probability of a fact at issue “in the order of above 70%.”

What whistleblowing disclosures are protected under the Sarbanes-Oxley Act?

What is Sarbanes-Oxley protected conduct? Whistleblowers are protected under SOX for providing information, causing information to be provided, or otherwise assisting in an investigation … Continued

What is front pay?

Many anti-discrimination and anti-retaliation statutes authorize reinstatement as an element of damages. If restatement is not feasible, a court may award front pay in lieu of reinstatement. There is no precise formula to determine the amount of front pay, A front pay award is intended to provide compensation for a period of time sufficient to allow the wronged employee an opportunity to obtain similar employment. As front pay is an equitable remedy, the judge usually determines front pay.

What is constructive discharge?

A constructive discharge occurs when the working conditions are so intolerable that a reasonable person in the employee’s position would feel forced to resign.

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