by Robert C. Ludolph, Esq., Pepper Hamilton LLP
In the aftermath of the global financial meltdown and ever-increasing reports of governmental mismanagement and corporate wrongdoing, legislators are creating new protections for those individuals who report violations to regulatory agencies.
The Supreme Court recently extended whistle-blower protections under the Sarbanes-Oxley Act available to employees of public companies to private contractors and subcontractors in Lawson v. FMR, (U.S. Supreme Court 2014).
A list of other federal statutes protecting whistle-blowers from retaliation can be found at the Department of Labor website.
Thirty-five states have enacted whistle-blower protection laws covering public and/or private employees.
The common elements of whistle-blower protection laws require:
- A report of wrongdoing to a public agency
- A good-faith belief that the employer is acting outside of the law
- Prohibition agai...(register to read more)