News & Analysis as of

Whistleblowers Protected Activity Employment Litigation

Littler

Can an Employee Claim Retaliation for Whistleblowing When They Were Simply Doing Their Job?

Littler on

Assume the following, you ask your company’s in-house counsel to handle a highly sensitive matter involving bribery of foreign officials. The employee is given access to confidential attorney-client privileged information...more

Proskauer - Whistleblower Defense

Washington Federal Court Refuses to Dismiss SOX Whistleblower Claim Despite Plaintiff Working Abroad

On March 25, 2025, in Smith v. Coupang,[1] the United States District Court for the Western District of Washington denied Coupang, Inc.’s motion to dismiss its former employee’s SOX and state law whistleblower claims despite...more

Woods Rogers

A Retaliation Refresher: What's the Tea in L&E?

Woods Rogers on

In this episode of What’s the Tea in L&E, Labor & Employment attorney Mike Gardner joins host Leah Stiegler to unpack the topic of workplace retaliation. Retaliation occurs when an employee faces negative consequences because...more

Fisher Phillips

Snapshot on Workplace Safety: Will SCOTUS Whistleblower Ruling Have Broader Impact on OSHA Investigations?

Fisher Phillips on

Welcome to this edition of the FP Snapshot on workplace safety, where we take a quick snapshot look at a recent significant workplace law development that affects your safety and health programs. This edition is devoted to...more

Epstein Becker & Green

Massachusetts Federal Judge Rules that Protected Activity Does Not Shield an Employee from the Consequences of Engaging in...

Epstein Becker & Green on

On November 13, 2023, in USA ex rel, Morgan-Lee, et al. v. The Whittier Health Network, LLC, et al., a Massachusetts federal district judge concluded that although the plaintiff engaged in protected activity when she raised...more

BakerHostetler

California Supreme Court Significantly Relaxes Employee Burden to Prevail on Section 1102.5 Claims

BakerHostetler on

On Jan. 27, 2022, the Supreme Court of California issued Lawson v. PPG Architectural Finishes, Inc., No. S266001, ___ Cal. 5th ____, a decision that decisively changed the burden for employers in defending against claims...more

Littler

Hold the Phone: Employees Can Bring Common-Law Wrongful Discharge Claims in Oregon for Seeking Legal Advice About Their Employment

Littler on

On March 3, 2021, in Rohrer v. Oswego Cove, LLC, the Oregon Court of Appeals reversed the lower court’s dismissal of an employee’s common-law wrongful discharge claim for seeking legal advice about her employment....more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Takes Expansive View of N.C.'s Employment Anti-Retaliation Law

North Carolina’s Retaliatory Employment Discrimination Act (REDA) provides employees with legal claims against employers that retaliate against them for engaging in protected actions under state workers’ compensation, wage...more

FordHarrison

Airline Industry Alert: Dismissal of AIR21 Whistleblower Claim

FordHarrison on

On August 23, 2019, a Department of Labor Administrative Law Judge (ALJ) dismissed a claim filed against Delta Air Lines, Inc. (Delta) by former pilot Karl Seuring (Complainant) under the Wendell H. Ford Aviation Investment...more

Polsinelli

Tenth Circuit Confirms that Compliance Employees Must Satisfy Heavier Burden to Obtain FCA Whistleblower Protection

Polsinelli on

On April 30, 2019, the U.S. Court of Appeals for the Tenth Circuit in United State ex rel. Reed v. KeyPoint Government Solutions affirmed the dismissal of an employee’s False Claims Act (FCA) whistleblower retaliation claim....more

Dorsey & Whitney LLP

Fifth Circuit Affirms: Res Judicata Bars FCA Retaliation Suit

Dorsey & Whitney LLP on

Last week, the U.S. Court of Appeals for the Fifth Circuit considered an appeal from the Eastern District of Louisiana, which dismissed appellants’ FCA retaliation claims based on res judicata. Res judicata, or “claim...more

Seyfarth Shaw LLP

Sixth Circuit Denies Review Of Judgment Favoring Former Employee In Retaliation Claim Under The Mine Act

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Sixth Circuit recently upheld an administrative decision in favor of a miner’s whistleblower complaint, further underscoring the need for mine operators to implement strong anti-retaliation policies and...more

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