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Entries Tagged as 'Retaliation'

Supreme Court Says SOX Can Fit Almost Anyone

March 5th, 2014 · No Comments

TweetNOTE: A version of this post first appeared on Law360.com.  The author, R. Scott Oswald, was counsel of record on an amicus curiae brief filed in this case. In deciding Lawson v. FMR LLC, the first whistleblower case they have heard under the Sarbanes-Oxley Act (SOX), the justices of the U.S. Supreme Court agreed that […]

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Tags: Dodd-Frank Act · Federal Whistleblower Legislation · Retaliation · Sarbanes-Oxley · The Employment Law Group, P.C. · Whistleblower Protection

First Circuit Says Title VII Offers Workers a Broad Shield

February 19th, 2014 · No Comments

TweetA federal appeals court ruled that Title VII of the Civil Rights Act of 1964 offers employees broad protection against reprisal when they oppose workplace discrimination — even if they didn’t originally claim that an employer’s bias violated Title VII. Saying it “cannot accept” a lower court’s dismissal of a retaliation claim by a female […]

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Tags: Retaliation · Title VII of the Civil Rights Act of 1964 · Whistleblower Protection

Burrage v. U.S. — Can a Heroin Dealer Help to Clarify Whistleblower Law?

February 12th, 2014 · No Comments

TweetIt’s rare for a criminal appeal — let alone the appeal of a heroin dealer’s sentence for his client’s ill-fated drug binge — to guide our understanding of whistleblower protection laws. Yet there, on January 27, was the U.S. Supreme Court’s unanimous judgment in Burrage v. United States, a mandatory-minimum drug case that ended up parsing the retaliation […]

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Tags: Federal Whistleblower Legislation · Retaliation · Title VII of the Civil Rights Act of 1964 · Whistleblower Protection

Obama Administration Asks Supreme Court to Review MacLean Decision

January 31st, 2014 · No Comments

TweetThe Obama administration asked the U.S. Supreme Court to review a lower court’s 2013 ruling that a former federal air marshal could claim he was illegally fired for leaking sensitive information to the media. The case, MacLean v. Department of Homeland Security, raises technical — but critically important — questions about the scope of the […]

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Tags: Federal Employees · Federal Whistleblower Legislation · Retaliation · Whistleblower Protection · Whistleblower Protection Act

Justices Seek Middle Ground in Whistleblower Case

November 20th, 2013 · No Comments

TweetNOTE: A version of this post first appeared on Law360.com.  The author, R. Scott Oswald, was counsel of record on an amicus curiae brief filed in this case. In oral arguments for the first whistleblower case they have heard under the Sarbanes-Oxley Act (SOX), justices of the U.S. Supreme Court quickly locked onto the important […]

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Tags: Department of Labor ARB · Retaliation · Sarbanes-Oxley · United States Department of Labor · Whistleblower Protection

After Nassar: Title VII Retaliation Claims Are Tougher — But Still Viable

November 4th, 2013 · No Comments

TweetThis June, in a blistering dissent from the bench, Justice Ruth Bader Ginsburg decried the U.S. Supreme Court’s “misguided judgment” in University of Texas Southwestern Medical Center v. Nassar and called on Congress to restore to employees the rights stripped by a decision that “defies logic.” A law to reverse Nassar certainly would be welcome, but it’s not […]

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Tags: Retaliation · Title VII of the Civil Rights Act of 1964

SEC Whistleblower Program Makes Its Bones With $14 Million Award

October 3rd, 2013 · No Comments

TweetThe U.S. Securities and Exchange Commission (SEC) awarded an unnamed tipster more than $14 million, obliterating all doubt about the resolve of the agency’s whistleblower program. The SEC didn’t identify the underlying enforcement action in either its press release or a related order, but the award’s enormous size  indicates that the U.S. government may reap as […]

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Tags: Dodd-Frank Act · Retaliation · SEC Whistleblower · Securities Fraud

Fourth Circuit: Facebook “Like” Is Protected Speech in Retaliation Case

September 30th, 2013 · No Comments

TweetClicking “Like” on Facebook can be a protected activity in a workplace retaliation case, a federal appeals court said, confirming that employers must treat workers’ online behavior with the same respect as its offline equivalent.

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Tags: Retaliation

Maryland’s High Court Finalizes Verdict In “Cat’s Paw” Case

September 24th, 2013 · No Comments

TweetDISCLAIMER: THIS POST CONCERNS A CLIENT OF THE EMPLOYMENT LAW GROUP® LAW FIRM. THE RESULTS OF ALL CASES DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PAST SUCCESSES DO NOT PREDICT OR GUARANTEE FUTURE SUCCESSES. Maryland’s highest court finalized the reinstatement of a jury’s $650,000 award to Donna Jackson for her former employer’s […]

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Tags: Retaliation · The Employment Law Group, P.C.

ARB: Whistleblower Must Be Rehired — Even If Job No Longer Exists

September 23rd, 2013 · No Comments

TweetThe U.S. Department of Labor’s Administrative Review Board (ARB) ordered the Mayo Clinic to rehire a mail truck driver it had removed for whistleblowing, despite the medical group’s protest that his job no longer exists — and that giving him a different job would require a promotion.

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Tags: Department of Labor ARB · Retaliation · Surface Transportation Assistance Act

ARB: Whistleblower Can Get Back Pay Even for Time in College

September 9th, 2013 · No Comments

TweetThe U.S. Department of Labor’s Administrative Review Board (ARB) ruled that a whistleblower who was illegally forced out of his truck-driving job could claim back pay even for time he spent as a full-time college student.

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Tags: Department of Labor ARB · Retaliation · Surface Transportation Assistance Act

Judge: Whistleblower’s Removal of Internal Documents Was Protected Under SOX

August 19th, 2013 · No Comments

TweetAn administrative law judge at the U.S. Department of Labor ruled that a whistleblower’s duplication and removal of confidential information from his employer was a protected activity under the Sarbanes-Oxley Act (SOX) — and that it was neither unlawful nor a valid reason for firing, as his employer had claimed.

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Tags: Department of Labor ARB · IRS Whistleblower Reward Program · Retaliation · Sarbanes-Oxley · United States Department of Labor · Whistleblower Protection

Tenth Circuit Gives Another Win to Sarbanes-Oxley Whistleblowers

June 5th, 2013 · No Comments

TweetAnother federal appeals court has supported the U.S. Department of Labor in its move toward a more employee-friendly reading of the Sarbanes-Oxley Act (SOX), holding that the law protects whistleblowers who flag any SOX-related wrongdoing — not just fraud against shareholders.

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Tags: Department of Labor ARB · Retaliation · Sarbanes-Oxley · Whistleblower Protection

Maryland Appeals Court Restores $650,000 Jury Verdict for Whistleblower

June 4th, 2013 · No Comments

TweetDISCLAIMER: THIS POST CONCERNS A CLIENT OF THE EMPLOYMENT LAW GROUP® LAW FIRM. THE RESULTS OF ALL CASES DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PAST SUCCESSES DO NOT PREDICT OR GUARANTEE FUTURE SUCCESSES. A Maryland appeals court has reinstated a jury’s 2011 award of $650,000 to Donna Jackson, a plaintiff represented by The Employment Law Group® […]

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Tags: Retaliation · The Employment Law Group, P.C.

ARB Again Holds that SOX Protects Employees Who Warn of Future Wrongdoing

May 29th, 2013 · No Comments

TweetThe U.S. Department of Labor’s Administrative Review Board (ARB) upheld all aspects of a $1.2 million award to a whistleblower in a retaliation case under the Sarbanes-Oxley Act (SOX), echoing a recent Third Circuit decision and lending further authority to the ARB’s landmark Sylvester decision from 2011. In Barrett v. e-Smart Technologies Inc., the ARB […]

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Tags: Department of Labor ARB · Retaliation · Sarbanes-Oxley

Court Won’t Review Wiest; “Reasonable Belief” Is Law in Third Circuit

May 7th, 2013 · No Comments

TweetThe U.S. Court of Appeals for the Third Circuit won’t grant an en banc review of an earlier panel decision that made it easier for whistleblowers to claim protection under the Sarbanes-Oxley Act (SOX). As a result, SOX whistleblowers in that jurisdiction — which includes Pennsylvania and Delaware — now are shielded from retaliation as […]

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Tags: Retaliation · Sarbanes-Oxley · United States Department of Labor · Whistleblower Protection

ARB Upholds Retaliation Award, Shows Broad Support for Punitive Damages

April 22nd, 2013 · No Comments

TweetThe U.S. Department of Labor’s Administrative Review Board (ARB) upheld a punitive-damages award of $100,000 in a truck driver’s retaliation case against UPS, flagging its broader reluctance to reject as excessive any punitive award under the Surface Transportation Assistance Act (STAA).

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Tags: Department of Labor ARB · Retaliation · Surface Transportation Assistance Act

Federal Jury Awards Whistleblower $3.5 Million in Alaska Retaliation Case

April 18th, 2013 · No Comments

TweetA federal jury awarded whistleblower Paul Blakeslee $3.5 million after finding that his former employer fired him for reporting suspicious dealings by a manager of the company’s maintenance work on Alaskan military bases.

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Tags: False Claims Act · Retaliation

Conrail Must Reinstate Conductor While Appealing Retaliation Verdict, ARB Rules

April 17th, 2013 · No Comments

TweetThe U.S. Department of Labor’s Administrative Review Board (ARB) refused to delay the reinstatement of a train conductor who was fired after repeatedly reporting safety violations.

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Tags: Department of Labor ARB · Federal Rail Safety Act · Retaliation

Obama’s Budget Plan: Protect IRS Whistleblowers from Retaliation

April 16th, 2013 · No Comments

TweetPresident Obama’s proposed budget for fiscal 2014 includes good news for whistleblowers: Under his plan, the law finally would protect people who report tax cheats to the U.S. Internal Revenue Service (IRS).

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Tags: False Claims Act · Federal Whistleblower Legislation · IRS Whistleblower Reward Program · Retaliation · Tax fraud

Third Circuit Supports Broader Access to Whistleblower Protection in Sarbanes-Oxley Cases

March 20th, 2013 · No Comments

TweetA federal appeals court made it easier for whistleblowers to claim protection under the Sarbanes-Oxley Act (SOX), adding dramatic weight to the U.S. Department of Labor’s landmark ruling that such employees can be protected even if they fail to cite the exact rules their employer may have broken. Instead, workers may simply show that they […]

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Tags: Retaliation · Sarbanes-Oxley · United States Department of Labor · Whistleblower Protection

Department of Labor Files Suit Against Retirement Facility for Terminating Whistleblower for Reporting Bedbug Infestation

February 7th, 2013 · No Comments

TweetThe U.S. Department of Labor has filed a whistleblower and retaliation lawsuit in the United States District Court for the Southern District of Ohio against S.E.M. Villa II Inc., a nonprofit corporation that operates S.E.M. Terrace, a retirement facility in Milford, Ohio. The lawsuit alleges that S.E.M Terrace violated the whistleblower provision of the Occupational […]

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Tags: Retaliation

The Daily Cavalier Interviews Attorney Adam Carter on Recent $819,000 Whistleblower Retaliation Verdict in False Claims Act Lawsuit Involving Misuse of NIH Research Grants

October 22nd, 2012 · No Comments

TweetLast week, The Daily Cavalier, a newspaper serving the University of Virginia community in Charlottesville, Virginia, interviewed Adam August Carter, principal of The Employment Law Group® law firm, on his client, Dr. Weihua Huang’s recent $819,000 whistleblower retaliation jury verdict. Dr. Huang was a UVA researcher working on a research project funded by the National […]

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Tags: False Claims Act · Retaliation · The Employment Law Group, P.C.

TheScientist Magazine Features Story on $819,000 Whistleblower Retaliation Verdict in Favor of TELG Client Dr. Weihua Huang

October 22nd, 2012 · No Comments

TweetLast week, The Scientist, a magazine for life science researchers and academics, featured an article highlighting a recent $819,000 whistleblower retaliation jury verdict for Dr. Weihua Huang, a former University of Virginia (UVA) researcher and client of The Employment Law Group® law firm.  Dr. Huang alleged that UVA administrators retaliated against him for reporting that […]

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Tags: False Claims Act · Retaliation · The Employment Law Group, P.C.

Law360 Interviews TELG Attorney Adam Augustine Carter on $819,000 Whistleblower Retaliation Jury Verdict for Former University of Virginia Scientist

October 17th, 2012 · No Comments

TweetLast week a federal jury in Virginia awarded an $819,000 verdict to Dr. Weihua Huang in his False Claims Act suit alleging that two University of Virginia administrators retaliated against him for reporting what he believed was misuse of a National Institutes of Health (NIH) research grant. According to Dr. Huang’s lawsuit, two University of […]

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Tags: False Claims Act · Retaliation · The Employment Law Group, P.C.