Yes, a written warning or counseling session will be considered presumptively adverse where: (a) it…
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…
SOX Whistleblower Law Protects Disclosures About Bank Fraud Yes, a disclosure about bank fraud…
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…
No. As the ARB held in Dugger v. Union Pacific Railroad Co., ARB No. 16-079,…
The statute of limitations begins to run from the time that the complainant knows…
Where an employer jumps on an employee’s first instance of misconduct or poor performance and…
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…
