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How can a whistleblower prove retaliation?

Proving Whistleblower Retaliation

There are many ways for a corporate whistleblower to prove retaliation. One, did the employer offer an untrue explanation for the adverse action? Two, is there evidence of animus, i.e., did the employer express resentment for the employee’s whistleblowing?   Three, is there evidence of unlawful retaliatory motive? Four, is there evidence that the employer’s explanation has changed over time?  For example, did the employer claim one reason when it took the adverse employment action and offer a different explanation or reason during the litigation?


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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.