Image of Law360 Quotes Whistleblower Lawyer Jason Zuckerman About Chilling Effect of Saavedra Decision Criminalizing Whistleblowing

Law360 Quotes Whistleblower Lawyer Jason Zuckerman About Chilling Effect of Saavedra Decision Criminalizing Whistleblowing


In an article titled Whistleblower Ruling May Make Workers Clam Up, Law360 quotes whistleblower attorney Jason Zuckerman about the potential impact of State v. Saavedra, a case that exemplifies a pernicious trend of criminalizing whistleblowing.  The article states in part:

Would-be whistleblowers might think twice before absconding with confidential information from their employers after a New Jersey appeals court recently upheld a criminal indictment against a worker accused of stealing confidential documents to support a lawsuit, and some may be discouraged from coming forward at all, lawyers say . . . .    Zuckerman Law’s Jason Zuckerman, who also represents whistleblowers, called the Saavedra ruling “wrongly decided” but said that its impact would be tempered by the fact that referring such cases to prosecutors could easily backfire on employers.
“The decision will likely have a chilling effect on whistleblowers, but it also presents challenges for employers because it will encourage employees to make disclosures directly to the government, rather [than] raising concerns internally,” Zuckerman said.
A worker who forks over employer documents to the government faces little or no risk of prosecution, but that’s not the case for an employee who holds onto a trove of documents just to pursue a retaliation claim, Zuckerman said.

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To learn more about whistleblower rewards or whistleblower protections, call the whistleblower lawyers at Zuckerman Law for a free consultation at 202-262-8959, or click here. And for information about the Sarbanes-Oxley whistleblower protection law, download our free guide titled Sarbanes-Oxley Whistleblower Protection: Robust Protection for Corporate Whistleblowers.


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Jason Zuckerman, Principal of Zuckerman Law, litigates whistleblower retaliation, qui tam, wrongful discharge, and other employment-related claims. He is rated 10 out of 10 by Avvo, was recognized by Washingtonian magazine as a “Top Whistleblower Lawyer” in 2015 and selected by his peers to be included in The Best Lawyers in America® and in SuperLawyers.