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 exceptions “it shall issue” a preliminary order restoring the complainant to his or her employment status and requiring the employer to take affirmative action to abate the violation. 49 U.S.C. § 42121(b)(3)(B); 29 CFR § 1980.105(a)(1). Reinstatement orders are immediately effective and are not stayed pending the resolution of any objections or appeal. See 49 U.S.C. § 4212 (b)(2)(A).
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 of the employer to establish that protected activity was a contributing factor to the personnel action. But evidence of a retaliatory motive, e.g., statement of retaliatory animus or resentment of the complainant’s whistleblowing, is relevant circumstantial evidence to prove retaliation.
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 report unlawful conduct to the government is actionable retaliation. In … Continued
What evidence is required to prove compensatory damages in a whistleblower retaliation case?
Most of the whistleblower retaliation statutes adjudicated at the DOL, including SOX, authorize compensatory damages. Until recently, awards of compensatory damages by the DOL were fairly nominal absent expert witness testimony concerning the whistleblower’s emotional distress damages or diminished career prospects. However, two recent decisions, one from the Eighth Circuit and the other from the ARB, indicate that a whistleblower can obtain substantial compensatory damages based solely on his or her testimony.
Why should I choose Zuckerman Law to represent me in my SEC whistleblower claim?
DISCLAIMER: Case results depend upon a variety of factors unique to each case and case results do not guarantee or predict a similar result … Continued
Jason Zuckerman Named a Top Washington DC Whistleblower Lawyer
By Jason Zuckerman |
SEC and SOX Whistleblower Attorney Named a Top Washington DC Whistleblower Lawyer Jason Zuckerman, founding partner of leading whistleblower law firm Zuckerman Law, was named a … Continued
Article Reports on Petition to Strengthen Whistleblower Rights
By Jason Zuckerman |
A Reuters article titled “Labor Department asked to ban gag clauses for whistleblowers” reports on a rulemaking petition filed by whistleblower law firm Zuckerman Law and the … Continued
Whistleblower Advocates Petition DOL to Combat Corporate Muzzling of Whistleblowers
By Jason Zuckerman |
Update: In response to a petition for rulemaking filed by the Government Accountability Project and Zuckerman Law, OSHA’s Directorate of Whistleblower Protection Programs has issued policy … Continued
Whistleblower Retaliation and Whistleblower Protection Lawyers
Whistleblower Protection Lawyers When a whistleblower comes forward to disclose fraud, unlawful conduct, risks to public health, or other wrongdoing, the whistleblower should be … Continued
Whistleblower Law Articles
The whistleblower lawyers at leading whistleblower law firm Zuckerman Law have written and lectured extensively about whistleblower reward and whistleblower protection laws and routinely blog about … Continued
Secretary of Labor Appoints Whistleblower Attorney Jason Zuckerman to Whistleblower Protection Advisory Committee
By Jason Zuckerman |
The Secretary of Labor appointed whistleblower attorney Jason Zuckerman to serve on the Whistleblower Protection Advisory Committee (WPAC). WPAC was established to advise, consult with, … Continued
What is preemptive retaliation?
Preemptive Retaliation The doctrine of preemptive retaliation permits a whistleblower to bring a claim where the employer retaliates against the whistleblower prior to the whistleblower … Continued