Whistleblower Retaliation

What are some methods to prove pretext in retaliation and discrimination cases?

What are some methods to prove pretext in retaliation and discrimination cases?

Methods of proving that an employer's reason for taking an adverse employment action is false…

7 years ago

Is a Sarbanes-Oxley whistleblower required to prove fraud?

Is a SOX whistleblower required to prove shareholder fraud? A SOX complainant need not allege…

7 years ago

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…

7 years ago

Does subjecting an employee to heightened scrutiny evidence retaliation?

Jumping on the first instance of poor performance or misconduct indicates pretext, especially where the…

7 years ago

Must a whistleblower prove retaliatory motive in a DOL whistleblower retaliation case?

A SOX whistleblower need not demonstrate the existence of a retaliatory motive on the part…

7 years ago

Is a whistleblower’s motive for engaging in protected activity relevant in a whistleblower protection case?

  Motive for engaging in protected activity not relevant in a Sarbanes-Oxley whistleblower-protection case A…

7 years ago

Why should courts be skeptical of an adverse employment action taken based on subjective criteria?

Subjective standards are difficult for courts to evaluate and difficult for plaintiffs to rebut, and…

7 years ago

Is an employer’s attempt to stop a corporate whistleblower from blowing the whistle to the government actionable retaliation?

Yes, an employer's effort to force a corporate whistleblower to waive the non-waivable right to…

7 years ago

Is a lawsuit against a whistleblower actionable retaliation?

  Suing a Whistleblower Can Give Rise to a Retaliation Claim Filing a lawsuit without…

7 years ago

Is selective application of policy or disparate treatment evidence of retaliation?

Disparate treatment in the selective application of policy is powerful evidence of reprisal.  See, e.g.,…

7 years ago

Does an employer’s failure to follow its personnel policies and practices prove retaliation?

An employer's departure from its customary practice or its personnel policies is relevant circumstantial evidence…

7 years ago

Where can a Sarbanes-Oxley whistleblower appeal a decision of the Administrative Review Board?

A SOX whistleblower may, within 60 days of the ARB’s issuing its final decision, file…

7 years ago