Tax Whistleblower Bounty Program Proposed by D.C. Council’s Cheh
February 25, 2013 - Comments Off
D.C. Councilmember Mary Cheh announced earlier this month that she had introduced the “False Claims Act of 2013,” which seeks to encourage D.C. citizens to come forward with information regarding serious tax fraud. Violations of the District’s tax code are not covered under the D.C. False Claims Act (“D.C. FCA”) as it currently exists, and [...]
Worker Lawsuit Alleges Retaliation for Refusing to Work Under Unsafe Conditions
December 26, 2012 - Comments Off
A worker who refused to work under unsafe conditions at his then employer’s job site has joined with the Occupational Safety and Health Administration (“OSHA”) of the Department of Labor (“DOL”) to file a lawsuit against DKS Structural Services, doing business as Don Kennedy and Sons House Moving Co., and owner Jeffrey Kennedy (collectively “DKS”). [...]
Terminated Hospital Technician Alleges Whistleblower Retaliation
November 27, 2012 - Comments Off
A hospital technician whistleblower in New Jersey has filed a lawsuit against the Bayonne Medical Center alleging that he was retaliated against in response for reporting illegal staffing practices at the hospital’s blood bank. According to NJ.com, Ceferino Doculan Jr., a hematology technician at Bayonne Medical Center in Bayonne, New Jersey, expressed concerns to hospital [...]
Whistleblowers Deterred by Fear of Ostracization, Study Finds
September 27, 2012 - Comments Off
Whistleblowers are less likely to blow the whistle if they fear negative social consequences, according to a new study conducted by the University of North Texas (“UNT”) College of Business (“COB”). The study, presented on August 5, 2012 at the 17th annual Ethics Research Symposium as part of the American Accounting Association’s annual meeting in [...]
Whistleblowers Often Cannot Look to First Amendment for Protection
September 20, 2012 - Comments Off
Whistleblowers alleging that they suffered retaliation for exercising their First Amendment right to free speech suffered another setback earlier this month in the Second Circuit’s decision in the case of Ross v. Lichtenfeld. The case involved Risa Ross, a payroll clerk for a New York school district who noticed irregularities in disbursements. She reported those [...]
Whistleblower Retaliation Dramatically Reduced by Smart Policies, Survey Finds
September 13, 2012 - Comments Off
Whistleblowers are suffering retaliation at the hands of their employers at an unacceptably high rate, according to a recent survey conducted by the Ethics Resource Center (“ERC”). The ERC report found that over one in five employees surveyed who reported wrongdoing to their supervisors had experienced retaliation as a result. Moreover, the study found that [...]
Whistleblower from New Jersey State Police Wins Large Verdict
August 10, 2012 - Comments Off
On Wednesday, August 1, 2012, a jury in New Jersey’s Essex County Superior Court awarded a former New Jersey State Police trooper over $1 million after determining he was retaliated against in violation of the state’s whistleblower law. Law360 reported that retired trooper Brian Royster was awarded $1.06 million in damages against his former employer, [...]
California Retaliation Claims Withstand Employer Push to Compel Arbitration
August 2, 2012 - Comments Off
The Court of Appeals for California’s Second Appellate District issued two employee-friendly decisions on Monday, July 30, 2012, refusing to compel arbitration in separate suits against JPMorgan Chase Bank NA and Vista Del Mar Child and Family Services (“VDMCFS”). Law360 reported that the two suits involved employees who signed mandatory arbitration clauses at the outset [...]
Antitrust Whistleblowers Offered Protection by Proposed Legislation
August 1, 2012 - Comments Off
On July 31, 2012, Senators Patrick Leahy and Chuck Grassley introduced the Criminal Antitrust Anti-Retaliation Act (“CAARA”). The legislation will amend the Antitrust Criminal Penalties Enforcement and Reform Act (“ACPERA”) to offer protections to employees who provide information to the U.S. Department of Justice (“DOJ”) regarding criminal antitrust investigations. An employee who suspects retaliation because [...]
Employee Rights Protected by Fourth Circuit’s Narrow Interpretation of CFAA
July 30, 2012 - Comments Off
The U.S. Court of Appeals for the Fourth Circuit issued an important decision for whistleblowers on July 26, 2012, in the case of WEC Carolina Energy Solutions, LLC v. Willie Miller a/k/a Mike Miller, et al. The Fourth Circuit upheld a district court judge’s decision to dismiss a claim brought against Mr. Miller under the [...]