The Administrative Review Board (ARB), under the
substantial evidence standard, has upheld the ruling of an Administrative Law
Judge (ALJ) that Domino's Pizza violated the whistleblower provisions of the
Surface Transportation Assistance Act when it terminated a commercial truck
driver after he made...
In a Landmark Decision, the Supreme Court
Exempts "Churches" From Most Employment Discrimination Statutes Affecting
by Gregory W. McClune
The First Amendment of the United States Constitution ( U.S.
Const. amend. I ) provides, in part, that "Congress shall...
Appeals Court Finds Employer Liable for
Supervisor's Same-Sex Sexual Harassment
by Ryan N. Parsons
A recent case reminds us to take all claims of sexual
harassment seriously, including when the two employees are of the same sex.
In Cherry v. Shaw Coastal [ an enhanced version of this opinion...
To say that employees have had a difficult time in
pursuing claims under the Michigan Whistleblowers' Protection Act would be an
understatement. I did an article on the
court of appeals' decisions, the vast majority of which are unpublished, and
found that from 2011 to present, the court...
Companies in the United States and United Kingdom dealt with more litigation while regulatory investigations reached a five-year high, according to Fulbright's 9 th Annual Litigation Trends Survey .
After a one-year decline, litigation rose to 2010 levels as businesses on both sides of the Atlantic...
In one of the largest-ever settlements with an individual
under the False Claims Act, a Florida dermatologist agreed to pay $26.1 million
to resolve claims that he accepted illegal kickbacks and billed Medicare for
thousands of medically unnecessary skin surgeries.
The Department of Justice agreed...
Federal laws protect whistleblowers from retaliation
because the government wants people to report fraud in government contracts.
When Weihua Huang, a principal investigator on a National Institutes of Health
(NIH) research grant at the University of Virginia, discovered unauthorized
On March 15, 2013, the Department of Labor's
Administrative Review Board ("DOL") reminded employers about the
costly consequences of identifying a whistleblower when it affirmed a $30,000
award against Halliburton, Inc.
In Menendez v. Halliburton Inc. , the complainant had raised...
At first blush, implementing an employee hotline and
following-up on complaints might seem a simple endeavor. The recent $3.5
million federal jury award to an employee terminated after he reported illegal
conduct by a supervisor demonstrates that employers must not only have a
President Obama's proposed budget for fiscal
2014 includes good news for whistleblowers: Under his plan, the law finally
would protect people who report tax cheats to the U.S. Internal Revenue Service
Although the IRS Whistleblower Program has existed since
2006 - encouraging and rewarding...
One of the more intriguing aspects of the Rutgers'
termination of basketball coach Mike Rice are reports , like
the New York Times story, that the FBI is investigating the former assistant
who released the video of the conduct that led to Rice's firing. The
inquiry centers around a letter...
More than a decade after passage of the Sarbanes-Oxley Act (SOX), the Supreme Court will hear its first case interpreting provisions of the statute. In Lawson v. FMR LLC , the Court will address whether SOX's whistleblower protections apply to employees of private contractors or subcontractors...
Can a plaintiff survive summary disposition in a case under the Michigan Whistleblowers' Protection Act where the only evidence to support his claim is his deposition testimony that the company told him in a meeting his protected activity was the reason for his termination? The Michigan Supreme Court...
Bruce Whitman was the police chief for the city of Burton. His odyssey began in 2007 when he was not reappointed as the police chief in November of 2007. He filed suit under Michigan's Whistleblowers Protection Act alleging that he engaged in protected conduct in 2004 for opposing an ordinance where...
WASHINGTON, D.C. — A split U.S. Supreme Court this morning ruled that a former federal air marshal’s disclosure of information about canceled missions to the media was not “prohibited by law” ( Department of Homeland Security v. Robert J. MacLean , No. 13-894, U.S. Sup.; See October...
Plaintiffs who sued under the Michigan Whistleblowers' Protection Act had a difficult time surviving summary disposition motions in the trial court or sustaining a verdict in the court of appeals. Frequently the issue focused on whether the plaintiff was engaged in protected activity. This focus...
Can a person whose job is to ensure that the company follows a particular standard of care; i.e., a watchdog employee, bring an action against the company under New Jersey’s Conscientious Employee Protection Act (CEPA), the state’s whistleblower law?
In case you missed it, earlier this...
On July 15, 2015, in Lippman v. Ethicon, Inc. , Nos. A-65/66-13, 073324 (N.J. July 15, 2015), the New Jersey Supreme Court held that the protections of the New Jersey Conscientious Employee Protection Act, N.J.S.A. §§ 34:19-1 – 34:19-8 (“NJ CEPA” or “the Act”)...
On August 18, 2015, the Occupational Safety and Health Administration released a directive to its regional offices to adopt “early resolution” alternative dispute resolution in whistleblower cases. The directive follows a successful pilot program by OSHA in its Chicago and San Francisco regions...