Whistleblowers Termination

News & Analysis as of

ARB Rejects CFPA Whistleblower Claim On Protected Activity Grounds

On November 6, 2015, the DOL’s Administrative Review Board affirmed the dismissal of Consumer Financial Protection Act (“CFPA”) whistleblower claims of a terminated mortgage broker, concluding that the complainant did not...more

California Employment Law Notes - November 2015

Newly Enacted California Statutes - Paid Sick Leave Law Is Amended - The amendments to the law include a clarification as to who is a covered worker; alternative accrual and payment methods; and a grandfather...more

N.D. Ill. Expands Definition of Protected Activity Under Ill. Whistleblower Act

On October 29, 2015, the Northern District of Illinois concluded that an employee who called police regarding suspected shoplifting—in violation of company policy—succeeded in proving a claim under the Illinois Whistleblower...more

N.D. Cal.: Internal Whistleblowers Are Protected and May Sue Individual Directors

On October 23, 2015, the U.S. District Court for the Northern District of California largely denied a motion to dismiss a whistleblower retaliation claim brought by a company’s former general counsel, ruling that: (I) the SOX...more

Cal. App. Court Finds in Favor of Whistleblower Who Never Complained of Unlawful Conduct by the Employer

In Cardenas v. M. Fanaian, D.D.S., Inc., Case No. F069305 (Cal. App. 5 Dist.), a California Court of Appeal determined that Plaintiff Cardenas could pursue a California Labor Code Section 1102.5 retaliation claim against her...more

Corporate Investigations & White Collar Defense - October 2015

"Wherefore Art Thou Due Process?" Part III - Why it matters: It is time for another installment in our continuing "Wherefore Art Thou Due Process?" coverage into the ongoing constitutional challenges to the SEC's...more

ARB Rules That Secret Recording of Workplace Conversations Can Be Protected Whistleblowing Activity

On September 28, 2015, the U.S. Department of Labor Administrative Review Board (“ARB”) held that the recording of workplace conversations can be protected whistleblower activity under the Energy Reorganization Act of 1974...more

A Review of Recent Whistleblower Developments

Second Circuit Splits from Fifth Circuit on Whistleblower SEC Reporting Obligations On September 10, 2015, the Second Circuit in Berman v. Neo@Ogilvy LLC, 2015 U.S. App. LEXIS 16071 (2d Cir. 2015), ruled that...more

N.D. Illinois Grants Summary Judgment Against SOX Whistleblower

On August 26, 2015, the U.S. District Court for the Northern District of Illinois granted summary judgment on a whistleblower retaliation claim under Section 806 of SOX, holding that Plaintiff Ivor Hill failed to establish a...more

Are FCA Retaliation Claims Against Supervisors, Executives Viable?

When the False Claims Act (FCA) retaliation provision was amended in 2009, the amendment was not explicit as to whether plaintiffs could only recover for retaliation claims against companies, or whether plaintiffs also could...more

Frivolous Whistleblower Claim Yields Stiff Sanctions

The New Jersey Appellate Division recently upheld sanctions of more than $191,000 to Sunhillo Corporation (Company) in connection with its defense of claims under the New Jersey Conscientious Employee Protection Act, Fulton...more

Case Alert: Employee Fairly Dismissed for Contacting the Information Commissioner's Office Against Instructions

What happened? In Barton v Royal Borough of Greenwich, the Employment Appeal Tribunal (the "EAT") decided that an employee was fairly dismissed for misconduct after failing to adhere to his employer's instructions not to...more

Arizona's "Whistleblower" Laws: Tread Carefully

A “whistleblower” is someone who reports to management (or in some cases state and federal agencies) that they believe someone in their company is engaged in illegal conduct. There are numerous federal statutes that provide...more

Aramark Whistleblower Claims He was Fired After Revealing Company Violations

Jon Costa, a former employee of Aramark, claims that the company fired him after he publicized a number of major food violations that the company committed in its work at Arrowhead and Kaufman stadiums in November 2014. He...more

Three Dodd-Frank Whistleblower Anti-Retaliation Claims Fail

Courts recently issued three opinions on the whistleblower anti-retaliation provisions of the Dodd-Frank Act. In Murray v. UBS Securities, LLC, Mr. Murray claimed he was terminated because he refused to skew his...more

When Does an Anti-Arbitration Provision Not Prohibit Arbitration of a Dodd-Frank Whistleblower Claim?

The Dodd-Frank Wall Street Reform and Consumer Protection Act, enacted on July 21, 2010, provides broad whistleblower protections to individuals who report certain possible violations of federal securities laws. Mindful that...more

Business Litigation Alert: U.S. Supreme Court Set to Decide High Profile Whistleblower Case

On November 4, the U.S. Supreme Court heard the case Department of Homeland Security v. MacLean - a whistleblower protection case that is being closely watched. At issue is whether an employee can be terminated for...more

California Court Finds Lack of Evidence Undermines False Claims Act and Retaliation Claims

The Southern District of California recently issued a favorable ruling for employers under both the False Claims Act and California’s retaliatory discharge provision codified at California Labor Code section 1102.5. The court...more

Federal Court in District of Columbia Dismisses Whistleblower Claims of Former Fannie Mae Employee

On August 25, 2014, the District Court for the District of Columbia dismissed a claim brought by a former employee of Fannie Mae alleging violations of the anti-retaliation provisions of the Sarbanes-Oxley Act and the...more

Washington Court of Appeals Expands "Jeopardy" Element of Claim for Wrongful Discharge in Violation of Public Policy

This month the Washington State Court of Appeals, Division III issued a ruling in Becker v. Community Health Systems, Inc. that expands protections in a wrongful termination action based on violation of a public policy....more

Fourth Circuit Determines Whistleblower Termination Not Retaliatory Discharge Under Sarbanes-Oxley

The U.S. Fourth Circuit Court of Appeals ruled recently that an employee’s termination after reporting his company’s potential connection to export violations and insider trading did not amount to a retaliatory discharge...more

Illinois Supreme Court Agrees to Clarify Proof Standards in Wrongful Termination Cases

In the closing days of its May term, the Illinois Supreme Court agreed to clarify a fundamental issue for the employment bar: what are the parties’ respective burdens of proof in a case for wrongful termination?...more

Utah Unemployment Law Update - Part 2

In this Issue: - Mobile Phone / Driving Laws - Unemployment Benefits - Facts - Procedural History - The Law - Court of Appeals Decision - Takeaway - Wrongful Termination - Religious...more

CEPA Protection For “Watchdog” Employees? New Jersey Supreme Court To Decide

On March 14, 2014, the New Jersey Supreme Court granted certification in Lippman v. Ethicon, Inc., 432 N.J. Super. 378 (App. Div. 2013), agreeing to review whether “watchdog” employees, i.e., employees responsible for...more

Whistleblower Suit Filed Against Texas Railroad Commission

Frederick Wright recently sued the Texas Railroad Commission for terminating his employment in violation of state whistleblower laws. If the suit is not settled, it could attract considerable attention in Texas....more

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