The subject of workplace violence has unfortunately made headlines once again after a news anchor and cameraman were killed by a former co-worker in Virginia last week. Employers are understandably concerned and have...more
9/3/2015
/ Americans with Disabilities Act (ADA) ,
Anti-Harassment Policies ,
Criminal Background Checks ,
Criminal Records ,
Disability Discrimination ,
Discrimination ,
EAP ,
Employer Liability Issues ,
Harassment ,
Hiring & Firing ,
Mental Illness ,
OSHA ,
Policies and Procedures ,
Workplace Hazards ,
Workplace Safety ,
Workplace Violence
In Wallace v. Tesoro Corp., the Fifth Circuit revived a SOX whistleblower complaint that was dismissed by the U.S. District Court for the Western District of Texas, finding that the plaintiff’s alleged belief that the company...more
8/12/2015
/ Corporate Counsel ,
Federal Rule 12(b)(6) ,
GAAP ,
Motion to Dismiss ,
OSHA ,
Reasonableness Factors ,
Retaliation ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Whistleblower Protection Policies ,
Whistleblowers ,
Wire Fraud
The ARB recently addressed the standard for proving that protected activity was a “contributing factor” in adverse employment actions. It concluded that evidence showing that an employer would have made the same adverse...more
OSHA recently announced that it ordered Norfolk Southern Railway (Company) to pay three former workers a combined $1,121,099 for violating the whistleblower provisions of the Federal Railroad Safety Act (FRSA), which protects...more