whistleblower retaliation laws

Is Whistleblowing About Upcoding Protected Under the False Claims Act’s Anti-Retaliation Provision?

Is Whistleblowing About Upcoding Protected Under the False Claims Act’s Anti-Retaliation Provision?

  Yes.  For example, in January 2019, Tennessee District Judge Pamela Reeves held that Thomas…

5 years ago

Is an employer’s knowledge of protected whistleblowing a separate element of a whistleblower retaliation case?

The Department of Labor's Administrative Review Board has held that knowledge of protected whistleblowing is…

6 years ago

To engage in protected conduct, must a whistleblower cite a specific violation of law or regulation?

Scope of Sarbanes-Oxley Whistleblower Protection The Department of Labor's Administrative Review Board and several federal…

6 years ago

Is a warning letter an adverse employment action?

Yes, a written warning or counseling session will be considered presumptively adverse where: (a) it…

6 years ago

What is preemptive retaliation?

Preemptive Retaliation The doctrine of preemptive retaliation permits a whistleblower to bring a claim where…

6 years ago

Are disclosures about bank fraud protected under the Sarbanes-Oxley whistleblower law?

  SOX Whistleblower Law Protects Disclosures About Bank Fraud Yes, a disclosure about bank fraud…

7 years ago

Does Section 806 of SOX preempt other claims or remedies?

Section 806 of SOX specifically provides that “[n]othing in this section shall be deemed to…

7 years ago

Does subjecting an employee to heightened scrutiny evidence retaliation?

Where an employer jumps on an employee’s first instance of misconduct or poor performance and…

7 years ago

What damages can a whistleblower recover under the Sarbanes-Oxley Act?

A prevailing SOX whistleblower can recover “all relief necessary to make the employee whole,” which…

7 years ago

Does SOX prohibit employers from “outing” confidential whistleblowers?

Disclosing a whistleblower’s identity may constitute an adverse employment action. The U.S. Court of Appeals…

7 years ago

Is constructive discharge a prohibited act of retaliation under SOX?

  Is constructive discharge a prohibited act of retaliation under SOX? Retaliatory termination goes beyond…

7 years ago

What is the purpose of the False Claims Act whistleblower protection provision?

  False Claims Act Whistleblower Protection The whistleblower protection provision of the False Claims Act…

7 years ago