Whistleblowers Hiring & Firing

News & Analysis as of

Whistleblower’s Attorney’s Communications with Regulators Found to be Protected by Work Product Doctrine

A California Magistrate Judge in BofI Federal Bank v. Erhart ruled that a whistleblower’s attorney’s communications sent to federal regulators were protected by the attorney work product doctrine. No. 15-cv-2353 (S.D. Cal....more

False Claims that Don’t Violate the False Claims Act

A recent Fourth Circuit decision answers this riddle, “How can a contractor knowingly submit a false claim to the government without violating the False Claims Act (FCA)?” Give up? The answer is blindingly obvious—once...more

SDNY Refuses to Dismiss Executive’s Dodd-Frank Retaliation Claim

On August 24, 2016, the Southern District of New York denied Defendants’ motion to dismiss a Dodd-Frank whistleblower retaliation claim brought by its former co-CEO and Executive Chairman of its Board of Directors, finding...more

SDNY Awards Front Pay in Sarbanes-Oxley Whistleblower Retaliation Case

Perez v. Progenics Pharmaceuticals, Inc., involved a case where Plaintiff Perez drafted a memo to Progenics’ general counsel and his department head, accusing Progenics of committing fraud by publishing a false press release...more

Fourth Circuit Issues Ruling Interpreting False Claim Act Whistleblower Amendments

The Fourth Circuit recently issued a decision interpreting the anti-retaliation provision of the False Claims Act (FCA). The decision provides important clarification about how courts may interpret 2009 and 2010 amendments...more

SEC Fines Company for Agreements Restricting Whistleblowers

The SEC has fined an Atlanta company $265,000 for using various severance agreements restricting whistleblower activities. The Dodd-Frank Act added ’34 Act § 21F encouraging whistleblower programs. The SEC adopted Rule...more

Ninth Circuit Issues Pro-Employer and Pro-Union Ruling Against Worker With a Long History of Harassing Comments

In a recent decision, the Ninth Circuit Court of Appeals affirmed a district court’s grant of summary judgment in favor of the defendants in a case involving the discharge of a union employee following his alleged...more

UK Employment Law Round Up - August 2016 | Volume 1 - Issue 8

In this month's issue we consider the case of Dronsfield v. University of Reading, in particular the EAT's observations in that case about how disciplinary investigations should be conducted and the role of HR in finalising...more

Employment Law - August 2016

Arbitrator or Judge? California Supreme Court Weighs in - Why it matters - Yet again, the California Supreme Court considered arbitration in the context of an employment agreement, this time reflecting on whether a...more

Does New Jersey's Conscientious "Everyone" Protection Act Trump the NLRB's Exclusive Jurisdiction? State Supreme Court says "Yes"...

Executive Summary: Just when employers thought New Jersey's Supreme Court could not expand the state's whistleblower law further (as we reported last summer), the Conscientious Employee Protection Act (CEPA) once again has...more

Tenth Circuit Orders Truck Driver Who Abandoned Trailer on Interstate Highway to be Reinstated with Backpay

Seyfarth Synopsis: The Tenth Circuit held that a trucking company unlawfully retaliated against a truck driver after he abandoned a trailer on a public highway, finding that his actions constituted a protected refusal to...more

Bonus Points: ARB Upholds Whistleblower Order Challenging Bonus Plan

The Department of Labor’s Administrative Review Board (“ARB”) recently upheld an order finding a semiconductor company had constructively discharged a manager who complained the company’s bonus plan violated state wage and...more

Yes, Attorneys Too Can Blow the Whistle: But When and How Hard?

According to the United States Securities and Exchange Commission (“SEC” or the “Agency”), an attorney – or any individual, for that matter – should not have to first report misconduct to the SEC to fall under the protections...more

Labor & Employment Issues Facing the Healthcare Industry

Public discourse on "healthcare" has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical...more

ARB Rejects SOX Claim of Employee Who Threatened Co-Worker

On February 18, 2016, the ARB dismissed a former employee’s whistleblower retaliation claim under Section 806 of SOX, concluding that he failed to show that his protected activity contributed to the decision to terminate his...more

The Employment Law Authority - January/February 2016

A federal appellate court recently held that an employer did not violate Title VII of the Civil Rights Act when it discharged an employee shortly after she informed her manager that she was pregnant. According to the Fifth...more

Encouraging Employee Complaints. Yes, We’re Serious.

Last Friday, a Yelp employee posted an open letter to her CEO, describing how her customer service job in San Francisco does not pay enough to allow her to buy groceries or see a doctor. Within 24 hours of posting the letter...more

Eye-Popping Verdict For “The Little Guy” Against Wal-Mart

Last week, a federal jury (after only 3 hours of deliberation) awarded a Walmart female pharmacist... wait for it... $31 MILLION! Maureen McPadden, a 13-year Wal-Mart pharmacist, brought an action alleging retaliatory...more

Where Have You Gone Dennis Kozlowski? Third Circuit Dismisses Tyco Employee’s Whistleblower Claim Over Excessive Corporate...

On February 2, 2016, the Third Circuit affirmed the dismissal of a long-running SOX whistleblower suit filed by Jeffrey Wiest, a former accounts payable manager for Tyco Electronics. The decision is the first in which the...more

Was Whistleblowing a Reason for Firing or the Reason?

The outcome of a physician whistleblower’s retaliation claim against his former medical group turns on the question whether whistleblowing was a reason or the reason he was fired. If it was a reason, he loses. If it was the...more

Employment Law Navigator – Week in Review: December 2015 #4

Last week was a big one for the EEOC. Among other things, the agency initiated a lawsuit against McDonald’s Corporate and a Missouri franchisee because the franchisee refused to provide a deaf applicant a sign language...more

Employment Law Letter - Fall 2015

Workplace Speech Protections Refined by Connecticut Supreme Court. We don’t generally report on developments that will likely be of more interest to lawyers than clients, but a recent decision from our state’s Supreme...more

Dodd-Frank News: November 2015: Dodd-Frank Wall Street Reform and Consumer Protection Act Update

The Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted as a measure to promote financial stability and protection for consumers through increased regulation of nearly every aspect of the consumer finance...more

Fenwick Employment Brief

Legislative Update - Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more

The Jury's Out of the Game and Employers are Back on the Bench: No Right to Jury Under the Tennessee Public Protection Act

Recently, the Tennessee Supreme Court quietly passed down David G. Young v. City of LaFollette, which changed the face of labor and employment litigation in Tennessee. In Young, the Court held, among other things, that "there...more

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