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Hiring & Firing › Whistleblowers

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
BCLP

Whistleblowing Job Applicants, Discrimination Outside Employment, and Liability for HR Consultants, Plus a News Roundup - UK HR...

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Our employment law update for May covers a new EAT case on whether job applicants can bring whistleblowing claims, whether a blatant racial insult falls outside the scope of the Equality Act 2010 because it was not made “in...more

Woods Rogers

A Retaliation Refresher: What's the Tea in L&E?

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In this episode of What’s the Tea in L&E, Labor & Employment attorney Mike Gardner joins host Leah Stiegler to unpack the topic of workplace retaliation. Retaliation occurs when an employee faces negative consequences because...more

CDF Labor Law LLP

[Webinar] Golden Rules Gone Wrong: Top 10 Compliance Hazards for California Workplaces in 2025 - January 29th, 10:00 am - 11:00 am...

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With employment lawsuits and regulatory scrutiny on the rise, staying ahead of employment law compliance risks is critical. California employers face unique challenges as the Golden State continues to lead the nation in labor...more

Littler

Everything You Always Wanted to Know About Woody Allen’s Former Private Chef’s USERRA Lawsuit* (*but were afraid to ask)

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In December 2024, a U.S. Army Reservist and professional chef filed a lawsuit against filmmaker Woody Allen, his wife, Soon-Yi Previn, and their house manager, alleging that he was fired due to his complaints of improper...more

Fisher Phillips

Florida Appellate Court Raises Bar for Whistleblower Claims: Key Takeaways and 6 Steps Employers Should Take Now

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A Florida state appellate court just issued a ruling raising the bar for workers pursuing whistleblower claims and making it easier for employers to defeat lawsuits before trial – but created a conflict with another appellate...more

Hogan Lovells

Employment in the news | October 2024

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The Employment Rights Bill felt like the only game in town in October. Since its publication, the government has launched four consultations on different aspects of the Bill. The duty to prevent sexual harassment came into...more

Mintz - Antitrust Viewpoints

Led by DOJ, Federal Agencies Convene to Coordinate Safeguarding Civil Rights from AI-Related Harms — AI: The Washington Report

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On October 9, the Department of Justice’s (DOJ) Civil Rights Division convened the heads of federal agency civil rights offices to discuss and promote coordination around preventing harms that may stem from AI, including...more

Bricker Graydon LLP

Return to Sender - OSHA Obtains Injunction Against Postal Service for Retaliatory Termination of Employees

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On July 3, 2024, the Occupational Safety and Health Administration (OSHA) obtained an injunction against the United States Postal Service (USPS), protecting USPS employees from retaliation for reporting workplace injuries....more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

BCLP

Labour’s Manifesto and Employment Law - What Can Employers Expect?

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This morning Labour launched its election Manifesto which, by implementing its “Plan To Make Work Pay” published last month, includes major employment law reform. The Plan, now supported by today’s Manifesto, is clear that...more

BCLP

UK HR Two-Minute Monthly: May 2024

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Our May update includes a case on whistleblowing where the claimant’s belief in the disclosures was questioned along with whether decision makers who knew little or nothing about the disclosures could be blamed for those who...more

BCLP

UK HR Two-Minute Monthly: April 2024

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Our April update includes a case on AI facial recognition software that allegedly discriminated against black people, a case where an individual carrying out a dismissal did not have enough knowledge of protected disclosures...more

Littler

Joint Employment and the Cat’s Paw: Oregon Court of Appeals Sets Precedent

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On April 17, 2024, the Oregon Court of Appeals recognized a government employee’s whistleblower claim under state law against a city that employed him under an intergovernmental agreement with another city. ...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your April To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Genova Burns LLC

Twist & Shout: Supervisor’s Termination for Shouting Match With Subordinate Upheld Despite Alleged Whistleblowing Activity

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On February 16, 2024, the New Jersey Appellate Division in Ugarte v. Barnabas Health Med. Group, upheld the dismissal of a whistleblowing claim filed by a former supervisor. The Court affirmed the trial court’s decision...more

Troutman Pepper Locke

Navigating Employment and Separation Agreements: Lessons From Al Pacino's Serpico — Hiring to Firing Podcast

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In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs, along with fellow Partners Sheri Adler and Mary Weeks, chat about the ultimate whistleblower — police officer Frank Serpico — and the...more

Littler

SCOTUS: Retaliatory Intent Not an Element of SOX Retaliation Claim

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The Supreme Court resolved a circuit split on February 8, 2024, when it issued its opinion in Murray v. UBS Securities, LLC, holding that a whistleblower need not prove that the employer acted with “retaliatory intent” in...more

Holland & Knight LLP

No Retaliatory Intent Required? Despite the Headlines, Nothing New for Employers

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In Murray v. UBS Securities, LLC, the case arose after Trevor Murray, a research strategist for UBS, was fired shortly after reporting to his direct supervisor that he had been "improperly pressured" to "skew" business...more

Dorsey & Whitney LLP

Protecting the Protectors: In Murray v. UBS, the U.S. Supreme Court Articulates the New Standard for SOX Whistleblower Claims

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On February 8, 2024, the United States Supreme Court issued its unanimous decision in Murray v. UBS Securities, LLC, concluding there is no implicit “retaliatory intent” requirement for whistleblower claims brought under the...more

FordHarrison

U.S. Supreme Court Decision Could Make it Harder for Employers to Defend Whistleblower Claims

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Executive Summary: The U.S. Supreme Court recently held that a whistleblower under the Sarbanes Oxley Act of 2002 (SOX) is not required to prove the employer acted with retaliatory intent to prevail on a whistleblower claim....more

Polsinelli

Supreme Court Rules Retaliatory Intent Not Required Under SOX

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In a groundbreaking decision, the U.S. Supreme Court unanimously ruled today in favor of whistleblower Trevor Murray, dispelling the notion that whistleblowers must prove retaliatory intent to be protected under federal law...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Employment Flash - February 2024

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In this issue, we discuss upcoming regulatory changes as well as recent court decisions with far-reaching implications, including case law on the need to replace share awards on a TUPE transfer and a UK Supreme Court ruling...more

Fisher Phillips

SCOTUS Predictions: Ruling in Whistleblower Retaliation Case Will Impact Employers’ Defense Strategy

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Does a fired whistleblower need to show their employer acted with retaliatory intent to prove retaliation under the Sarbanes-Oxley Act (SOX)? The Supreme Court has been asked to review the standard of proof in such cases –...more

Epstein Becker & Green

Massachusetts Federal Judge Rules that Protected Activity Does Not Shield an Employee from the Consequences of Engaging in...

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On November 13, 2023, in USA ex rel, Morgan-Lee, et al. v. The Whittier Health Network, LLC, et al., a Massachusetts federal district judge concluded that although the plaintiff engaged in protected activity when she raised...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your November To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

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