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Be prepared when employees become whistle-blowers

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in Centerpiece,Discrimination and Harassment,Human Resources

by Robert C. Ludolph, Esq., Pepper Hamilton LLP

whistle-blowerIn 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)

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