Showing 13 posts in Whistleblower.

Implications for New York Employers: Sarbanes-Oxley Whistleblower Protections Examined by Second Circuit

May 3, 2024 by Jason S. Greenfield

On March 1, 2024, the Second Circuit affirmed the judgment of the Southern District of New York in Brian La Belle v. Barclays Capital Inc, No. 23-448 (2d Cir. 2024). More ›

California Supreme Court Expands Protections for Employees Claiming to be "Whistleblowers"

February 1, 2022 by Jeffrey Edward Hall

On January 27, 2022, the California Supreme Court issued its Opinion in Lawson v. PPG Architectural Finishes, No. S266001, __  Cal. 5th ___, 2022 Cal. Lexis 312 (Jan. 27, 2022) regarding the proof paradigm in California "whistleblower" retaliation cases. This decision increases the evidentiary burden on defendants seeking summary judgment. It also clarifies that the proof paradigm in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), does not apply to California whistleblower claims. McDonnell Douglas established a three-step burden-shifting framework in discrimination cases. The California Supreme Court took the opportunity to clarify the evidentiary burdens and noted that section 1102.6 of the California Labor Code already provides a complete description of the evidentiary burden in a whistleblower case. More ›

Whistleblowers Now Actually Have to Report to The SEC For Dodd-Frank Protection

February 22, 2018 by Kenneth E. Yeadon

On February 21, 2018, the U.S. Supreme Court ruled that provisions of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act that protect whistleblowers from being fired, demoted, or harassed by their employers only apply to people who actually make a report of a violation of the federal securities laws to the Securities and Exchange Commission. The Dodd-Frank Act established a whistleblower program that was designed to motivate individuals to report securities laws violations to the SEC by providing whistleblowers with incentives and protections. Individuals who voluntarily report information to the SEC may be entitled to a cash award of 10 to 30% of the monetary sanctions collected in enforcement actions, and they are protected from retaliation by their employers for having provided that information. More ›

CEO Does Not Get Whistle Blower Protections for His Opinions

January 19, 2018 by Kenneth E. Yeadon

In order to get whistleblower protection under the Sarbanes-Oxley Act of 2002, whistleblowers have to subjectively believe that fraud was occurring, their belief has to be reasonable, and they have to make a report to the Securities and Exchange Commission. The Seventh Circuit recently reaffirmed these conditions for legal protection in deciding that the former CEO of Orion Energy System, Inc. was not entitled to federal whistleblower protection in Verfuerth v. Orion Energy System, Inc., decided on January 11, 2018. More ›

The 12 days of California Labor & Employment Series – Day 11 "Whistleblower Protection for Health Care Workers"

December 22, 2017 by Mellissa A. Schafer

It’s the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2018. In the spirit of the season, we are using the next "12 days of the holidays" to blog about one California law a day and that law’s impact on California employers. On the eleventh day of Christmas, my Labor and Employment attorney gave to me – eleven ladies dancing and AB 1102. More ›

SEC Charges More Public Companies for Confidentiality Agreements That Might Deter Whistleblowers

March 22, 2017 by Kenneth E. Yeadon

In the past two years, the SEC has charged six public companies with violating SEC Rule 21F-17, which prohibits confidentiality agreements that could impede employees from making whistleblower claims directly to the SEC. Since the Employment Law Observer reported on the SEC’s first case attacking a confidentiality agreement., the SEC has charged five more companies with Rule 21F-17 violations. In each case, the employer had confidentiality or severance agreements that either: (a) purported to limit the types of information that an employee may convey to the SEC or other authorities; or (b) required departing employees to waive their rights to any individual monetary recovery in connection with reporting information to the government. The employers settled the cases by, among other things, amending the agreements and paying a significant civil penalty. More ›

Join Us October 20, 2016 for Hinshaw's 21st Annual Labor & Employment Seminar

October 10, 2016 by Hinshaw & Culbertson LLP

It's that time of year again! School's back in session, the leaves are starting to change, and Hinshaw is putting on its annual Labor & Employment Seminar! Thursday, October 20th is the big day in Hoffman Estates, Illinois. Have you been wondering... More ›

Nurse's poor work Performance Outweighs Claims of Whistleblower Retaliation

February 1, 2015 by Hinshaw & Culbertson LLP

Lisa Pedersen was a dialysis clinic nurse who was responsible for assessing patients, working with physicians, and administering medication to patients. Pedersen was counseled about aggression in the workplace and other performance issues, which led her to become upset and yell at her manager. During a discussion later that day, Pederson articulated, for the first time, that she had previously noticed that a box of blood samples were incorrectly packaged and that she believed them to be compromised. Pedersen then notified another manager, a customer service representative, a vice president, and an employee relations manager of the suspected compromised samples. She also advised all parties that she felt she would be retaliated against as a result of exposing the potential contamination. More ›

Supreme Court Backs Whistleblowing Air Marshall

January 23, 2015 by Andrew M. Gordon

On January 21st, the Supreme Court affirmed a former air marshal's right to whistleblower protection relating to his leaking of air security plans to the media. The 7-2 decision written by Chief Justice John Roberts in the case, Department of Homeland Security v. MacLean, No. 13-894 (U.S. January 21, 2015), represents a rare victory for government whistleblowers who expose dangers to public health or safety. More ›

Sixth Circuit: Job Applicant Cannot Claim Retaliation under FCA for Prior Whistleblowing Activities

November 26, 2014 by Hinshaw & Culbertson LLP

Gary Vander Boegh worked as a landfill manager for the U.S. Department of Energy. While there, Vander Boegh engaged in what he claimed was protected whistleblowing activity, including reporting environmental violations that occurred at the plant. When Vander Boegh's employer lost its contract to provide waste management services for the plant, Vander Boegh applied at EnergySolutions, Inc., which had taken over the waste management contract, in the hopes that he would continue his job as landfill manager at the plant.  EnergySolutions refused to hire him.  More ›

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