What Laws Protect Whistleblowers From Retaliation?
The whistleblower lawyers at Zuckerman Law represent whistleblowers under a wide range of whistleblower protection laws before administrative agencies and federal and state courts, including claims brought under the following whistleblower protection statutes:
- Sarbanes-Oxley Act (protecting whistleblower disclosures about violations of the SEC rules and regulations; violations of federal laws related to fraud against shareholders; or mail, wire, bank or securities fraud).
- Whistleblower Protection Act (protecting whistleblowers in the federal government).
- False Claims Act and NDAA (protecting whistleblowers working for federal contractors).
- Energy Reorganization Act (protecting disclosures about nuclear safety or violations of Nuclear Regulatory Commission rules).
- Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (protecting disclosures about aviation safety).
- Surface Transportation Assistance Act (protecting whistleblower disclosures in the trucking industry about commercial motor vehicle safety ).
- Consumer Financial Protection Act (protecting disclosures concerning consumer financial protection)
- Federal Railroad Safety Act (protecting disclosures about rail safety and security).
- National Transit Systems Security Act (protecting transit employees from retaliation for disclosing a hazardous safety or security condition).
- Consumer Product Safety Improvement Act (protecting disclosures about consumer product safety).
- Affordable Care Act (protecting disclosures about violations of title I provisions of the ACA).
Zuckerman Law also represents whistleblowers that have suffered retaliation in violation of whistleblower protection policies in corporate codes of ethics.
Damages or Remedies in Whistleblower Protection and Whistleblower Retaliation Cases
Under some whistleblower protection laws, such as the Sarbanes-Oxley corporate whistleblower protection law, the case is tried before a jury and there is no cap or limitation on special damages (damages for emotional distress and reputational harm). Recently Corporate Counsel published an article entitled How to Help a Whistleblowerabout a SOX whistleblower who recovered nearly $5M at trial. The whistleblower protection lawyers at Zuckerman Law have compiled a list of some of the largest verdicts and settlements in whistleblower retaliation cases, which is posted here. And the following blog posts discuss recent Sarbanes-Oxley jury verdicts:
Experienced Whistleblower Protection Lawyers Representing Whistleblowers Under Whistleblower Protection and Whistleblower Retaliation Laws
Zuckerman Law was founded to achieve justice for workers who have suffered retaliation for blowing the whistle on fraud, unlawful conduct, abuse of authority, and threats to public health or safety. Firm Principal Jason Zuckerman has substantial experience litigating whistleblower cases and was recognized twice as a Top Whistlebower Laywer by Washingtonian magazine (2017, 2009 and 2007). In 2012, the Secretary of Labor appointed Zuckerman to serve on the Whistleblower Protection Advisory Committee, which makes recommendations to the Secretary of Labor to improve OSHA’s administration of federal whistleblower protections. In addition to his substantial experience litigating whistleblower cases in private practice, Zuckerman served as Senior Legal Advisor to the Special Counsel at the U.S. Office of Special Counsel, the federal agency charged with protecting whistleblowers in the federal government.
Zuckerman Law also represents whistleblowers under whistleblower bounty and whistleblower rewards laws, including SEC whistleblower bounty claims. You could be eligible for an SEC whistleblower reward.
Common Questions About Whistleblower Retaliation Laws
Does a SOX whistleblower need to prove that the employer’s reason for the adverse action is untrue?
What federal laws protect whistleblowers against retaliation?
Is threatening a countersuit against a whistleblower an act of retaliation?
Does the Sarbanes-Oxley Act protect whistleblowing in the course of performing one’s job duties?
Is knowledge of protected conduct and close temporal proximity sufficient to prove retaliation?
How can a whistleblower prove retaliation?
Does OSHA prohibit gag clauses in settlement agreements?
Where are SOX whistleblower cases litigated?
Is a lawsuit against a whistleblower actionable retaliation?whistleblower_lawyers_012017_infographic
There are many laws that protect corporate whistleblowers against retaliation. There are many variations in these laws, but all of them usually have four elements. One, did the employee blow the whistle on an issue that is protected under the statute? For example, did the employee raise a concern about a violation of an SEC rule? That would be protected under the Sarbanes-Oxley Act.
Number two. Did the employer know about the employees protected activity or suspect that the employee blew the whistle?
Number three. Was there some adverse employment action, some harmful action to the employee?
Number four. Is there a link between the protected whistleblowing and that adverse employment action?
Under these laws, corporate whistleblowers can get a wide variety of remedies. Those include loss pay, emotional distress damages, loss future earnings, and under some laws, a corporate whistleblower can recover punitive damages.
- OSHA Clarifies Investigative Standard for OSHA Whistleblower Investigations
- OSHA Awards $350,000 in Damages to Railroad Whistleblower
- OSHA Awards $250,000 in Punitive Damages in FRSA Whistleblower Retaliation Case
- OSHA Orders Pilot Reinstated in Airline Whistleblower Case
- Fifth Circuit Holds that “Outing” a Whistleblower is an Adverse Action Under SOX
- Whistleblower Obtains Restraining Order to Halt Retaliation
- Whistleblower Attorney Zuckerman Quoted in Washington Post About SEC Order
- Article Reports on Petition to Strengthen Whistleblower Rights
- Whistleblower Advocates Petition DOL to Combat Corporate Muzzling of Whistleblowers
- ARB Decision Clarifies Favorable Causation Standard for Whistleblowers
- Whistleblower Lawyer Co-Authors Article About De Facto Gag Clauses