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  • Retaliation & Whistleblowing: A Guide for Human Resources Professionals & Counsel, Third Edition with CD-ROM
 
 
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Retaliation & Whistleblowing: A Guide for Human Resources Professionals & Counsel, Third Edition with CD-ROM


Availability: In Stock
Publisher :Littler Mendelson
Format: 1 volume, looseleaf, 216 pages , BOOK
ISBN: 9780820566405
2009
  $129.00
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    Common law and statutory claims for retaliatory discharge have increased dramatically over the past decade. Courts are deeply divided over each and every element necessary to establish an actionable retaliation claim. In the wake of publicized corporate scandals, protection for whistleblowing has risen significantly as well.

    Numerous federal laws, including the Sarbanes-Oxley Act of 2002, contain stiff penalties for retaliation against whistleblowers. Additionally, in recent years many state legislatures have amended existing laws to increase protection for whistleblowers and impose stiffer penalties for retaliation. This area is further complicated by conflicting and unsettled law within and across jurisdictions.

    Although an employer may establish it did not discriminate against an employee for whistleblowing or other protected activity, it may still have to pay substantial damages for retaliation. In other words, the employer may "win the battle" but "lose the war."

    Retaliation & Whistleblowing, Third Edition features a host of new and significant developments in this ever-expanding area of law:

    ·         NEW chapter on International Whistleblowing Issues, including the extraterritorial application of the Sarbanes-Oxley Act

    ·         NEW "hot topics," including:

    o     Whether retaliatory acts outside of employment are actionable

    o     Whether an employer's good faith efforts may be evidence of pretext

    o    What constitutes ?unreasonable opposition? by an employee

    o    When third party retaliation claims may be actionable

    ·         Comprehensive update of significant legislation, case law and agency decisions since November 2007, including:

    o    Extensive review of the dramatic expansion of whistleblower rights at the federal and state level

    o    Further evolution of case law regarding the three elements of a claim: protected activity, adverse action and causation

    o    New ground-breaking agency and court decisions under Sarbanes-Oxley

    o    Continued effect of the Supreme Court?s decision in Burlington Northern & Santa Fe Railway v. White

    Chapter 1: Introduction
    Chapter 2: Elements of a Retaliation Claim
    Chapter 3: Retaliation Issues Arising Under Specific Statutes
    Chapter 4: Sarbanes-Oxley Act & Federal Whistleblower Legislation
    Chapter 5: State Whistleblower Legislation
    Chapter 6: Common Law: Retaliatory Discharge Claims
    Chapter 7: Hot Topics in Retaliation Cases
    Chapter 8: Best Practices to Avoid Liability
    Chapter 9: International Whistleblowing Issues

     

    Gregory C. Keating


    ABOUT THE AUTHOR

    Gregory C. Keating is a partner at Littler Mendelson in Boston, Massachusetts. Littler Mendelson is the largest law firm in the United States representing management exclusively in the area of employment and labor law. He has a broad range of experience litigating employment disputes in federal and state courts around the country. He has particular expertise litigating employment discrimination matters and enforcement actions involving non-competition agreements. He also regularly represents management in labor issues, which includes advising clients during union elections, representing clients during unfair labor practice proceedings before the National Labor Relations Board, obtaining injunctions for clients during employment and labor disputes, and negotiating collective bargaining agreements.

    Mr. Keating represents a diverse spectrum of clients, with particular experience in the areas of health care, education and manufacturing. Mr. Keating has recently published pieces in USA Today, HR Advisor, Healthcare Financial Management, Massachusetts Lawyers Weekly, Mass High Tech, Boston College Law Review, Banker & Tradesman, ADA Compliance Guide, The Leave & Disability Coordination Handbook and the Boston Globe. Mr. Keating has appeared on National Public Radio and speaks regularly on labor and employment topics at seminars. He serves as a faculty member with the National Employment Law Institute and is also a member of the editorial advisory board for the ADA Compliance Guide.

    Prior to practicing law, Mr. Keating was a sixth grade teacher at Dexter School in Brookline, Massachusetts.

     

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