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Retaliation and Whistleblowers

Retaliation and Whistleblowers PDF Author: Paul M. Secunda
Publisher: Kluwer Law International B.V.
ISBN: 9041127720
Category : Law
Languages : en
Pages : 809

Book Description
Each year, the New York University Annual Conference on Labor calls on outstanding scholars and practitioners in the field to come together to survey and analyze new developments and trends in U.S. labor law and practice. This volume reproduces the texts (updated and reworked by the authors) presented at the 2007 Conference, the 60th in this venerable and highly influential series, at which the theme was and“Retaliation and Whistleblowersand” . There could not be a more timely exploration of this complex workplace issue. The United States Supreme Court, in several pending cases and in the recent landmark cases of Burlington Northern v. White and Garcetti v. Ceballos, has turned its full attention to workplace retaliation claims. States and municipalities also continue to struggle in laying out the scope of permissible claims under state constitutional and statutory whistleblower provisions and under the common law of wrongful discharge. Among the new and significant issues considered in this volume are the following: new limits on the scope of the cause of action in the wake of Burlington Northern; implied protection of employee activity under ADEA and the FLSA; the scope of and“protected activityand” under and§ 806 of the Sarbanes-Oxley Act; issues of privilege when investigation counsel are used to inform corporate decision-making; state whistleblower laws and the expansion or preemption of common law protections under the common law tort of wrongful discharge; NLRA protection of collective protests by non-union workers; and potential expansion of the formal definition of and“jobsand” under Garcetti v. Ceballos to foreclose the first amendment avenue. Besides papers by panelists at the Conference, ten other leading practitioners and academics also provide commentary in this volume. As always, this important annual publication offers definitive current scholarship in its theme area of labor and employment law. As such, it will be of inestimable value to practitioners, government officials, academics and others interested in developments in U.S. employment and labor relations law and practice.

Retaliation and Whistleblowers

Retaliation and Whistleblowers PDF Author: Paul M. Secunda
Publisher: Kluwer Law International B.V.
ISBN: 9041127720
Category : Law
Languages : en
Pages : 809

Book Description
Each year, the New York University Annual Conference on Labor calls on outstanding scholars and practitioners in the field to come together to survey and analyze new developments and trends in U.S. labor law and practice. This volume reproduces the texts (updated and reworked by the authors) presented at the 2007 Conference, the 60th in this venerable and highly influential series, at which the theme was and“Retaliation and Whistleblowersand” . There could not be a more timely exploration of this complex workplace issue. The United States Supreme Court, in several pending cases and in the recent landmark cases of Burlington Northern v. White and Garcetti v. Ceballos, has turned its full attention to workplace retaliation claims. States and municipalities also continue to struggle in laying out the scope of permissible claims under state constitutional and statutory whistleblower provisions and under the common law of wrongful discharge. Among the new and significant issues considered in this volume are the following: new limits on the scope of the cause of action in the wake of Burlington Northern; implied protection of employee activity under ADEA and the FLSA; the scope of and“protected activityand” under and§ 806 of the Sarbanes-Oxley Act; issues of privilege when investigation counsel are used to inform corporate decision-making; state whistleblower laws and the expansion or preemption of common law protections under the common law tort of wrongful discharge; NLRA protection of collective protests by non-union workers; and potential expansion of the formal definition of and“jobsand” under Garcetti v. Ceballos to foreclose the first amendment avenue. Besides papers by panelists at the Conference, ten other leading practitioners and academics also provide commentary in this volume. As always, this important annual publication offers definitive current scholarship in its theme area of labor and employment law. As such, it will be of inestimable value to practitioners, government officials, academics and others interested in developments in U.S. employment and labor relations law and practice.

The New Whistleblower's Handbook

The New Whistleblower's Handbook PDF Author: Stephen M. Kohn
Publisher: Rowman & Littlefield
ISBN: 1493028820
Category : Law
Languages : en
Pages : 569

Book Description
An updated edition of the first-ever consumer guide to whistleblowing by the nation’s leading whistleblower attorney The newest edition of The Whistleblower’s Handbook brings the most comprehensive and authoritative guide to exposing workplace wrongdoing up-to-date with new information on wildlife whistleblowing, auto safety whistleblowing, national security whistleblowing, and ocean pollution whistleblowing. It also includes a new “Toolkit” for international whistleblowers. This essential guide explains nearly all federal and state laws regarding whistleblowing, and in the step-by-step bulk of the book, presents more than twenty must-follow rules for whistleblowers—from finding the best federal and state laws to the dangers of blindly trusting internal corporate “hotlines” to obtaining the proof you need to win the case.

Whistleblower

Whistleblower PDF Author: Susan Fowler
Publisher: Penguin
ISBN: 0525560149
Category : Biography & Autobiography
Languages : en
Pages : 274

Book Description
“A powerful illustration of the obstacles our society continues to throw up in the paths of ambitious young women.” —The New York Times Book Review “Important . . . empowering.” —Gayle King, CBS This Morning "That [Fowler] became a whistle-blower and a pioneer of a social movement almost seems inevitable once you get to know her. Uber should have seen her coming.” —San Francisco Chronicle Named a Best Book of 2020 by NPR Susan Fowler was just twenty-five years old when her blog post describing the sexual harassment and retaliation she'd experienced at Uber riveted the nation. Her post would eventually lead to the ousting of Uber's powerful CEO, but its ripples extended far beyond that, as her courageous choice to attach her name to the post inspired other women to speak publicly about their experiences. In the year that followed, an unprecedented number of women came forward, and Fowler was recognized by Time as one of the "Silence Breakers" who ignited the #MeToo movement. Here, she shares her full story: a story of extraordinary determination and resilience that reveals what it takes--and what it means--to be a whistleblower. Long before she arrived at Uber, Fowler's life had been defined by her refusal to accept her circumstances. She propelled herself from an impoverished childhood with little formal education to the Ivy League, and then to a coveted position at one of the most valuable companies in the history of Silicon Valley. Each time she was mistreated, she fought back or found a way to reinvent herself; all she wanted was the opportunity to define her own dreams and work to achieve them. But when she discovered Uber's pervasive culture of sexism, racism, harassment, and abuse, and that the company would do nothing about it, she knew she had to speak out—no matter what it cost her. Whistleblower takes us deep inside this shockingly toxic workplace and reveals new details about the aftermath of the blog post, in which Fowler was investigated and followed, hacked and threatened, to the point that she feared for her life. But even as it illuminates how the deck is stacked in favor of the status quo, Fowler's story serves as a crucial reminder that we can take our power back. Both moving personal narrative and rallying cry, Whistleblower urges us to be the heroes of our own stories, and to keep fighting for a more just and equitable world.

Whistleblowing

Whistleblowing PDF Author: Daniel P. Westman
Publisher:
ISBN:
Category : Discrimination in employment
Languages : en
Pages : 264

Book Description


Whistleblowing & Retaliation

Whistleblowing & Retaliation PDF Author:
Publisher:
ISBN: 9781522114420
Category :
Languages : en
Pages :

Book Description
Written by Edward T. Ellis, Gregory C. Keating and the Attorneys of Littler's Whistleblowing and Corporate Ethics Practice Group.Highlights of developments covered by the Sixth Edition include:NEW expanded chapters on federal whistleblower protections under the False Claims Act, OSHA, ACA and other actsComprehensive update of significant legislation, case law and agency decisions since December 2015, including:Deep analysis on the protections given to employees at the state level across the United StatesDramatic developments under the Sarbanes-Oxley Act, including the implications of civil provisions of section 806 of SOX, and the remedial scheme implemented to enforce itDevelopments in hot topic areas like The "Stepping Out of the Role" defense, cybersecurity and retaliatory acts outside the employment contextDevelopments in the extraterritorial application of SOX and Dodd-Frank, and new legislation regarding whistleblower protections and data privacy outside the U.S.

The Psychosocial Impacts of Whistleblower Retaliation

The Psychosocial Impacts of Whistleblower Retaliation PDF Author: Jacqueline Garrick
Publisher: Springer Nature
ISBN: 3031190556
Category : Psychology
Languages : en
Pages : 235

Book Description
This book analyzes the harms related to whistleblower retaliation, its psychosocial impacts on employees, and the institutional dysfunction it creates and perpetuates. Stigma and biases against whistleblowers interfere with their ability to make protected disclosures when harm to others is at stake. Retaliatory toxic tactics create an atmosphere and corporate culture that embodies fear and encourages bystander behavior. In this book, the authors explore psychosocial impacts across domains that include financial, legal, social, physical, and emotional well-being. Ten of the 14 chapters specifically examine the toxic tactics of retaliation: gaslighting, mobbing, marginalizing, shunning, devaluing, double-binding, career blocking, counter-accusing, bullying, and doxxing. These toxic tactics are the building blocks of workplace traumatic stress (WTS) and can lead to posttraumatic stress disorder (PTSD), depression, substance abuse, and suicide. WTS is a term that differentiates between workplace violence or job stress, which can be components of WTS but do not fully describe the systemic hostile work environment that targets an employee. Understanding WTS and how it disrupts identity, causes moral injury, and shatters world views are important aspects for clinicians treating clients who are victims of this kind of hostile work environment. The Psychosocial Impacts of Whistleblower Retaliation is a useful resource offering a new way for social workers, mental health providers, advocates, and other support services professionals and practitioners to assist whistleblowers. It helps clinicians understand how to view patients suffering from whistleblower retaliation and gives them a lexicon for forensic evaluations. Lawyers, especially those specializing in employment, labor, and Qui Tam cases, also could benefit from having a means to describe the psychosocial impacts of retaliation and WTS on their clients when filing for compensatory damages for pain and suffering during judicial proceedings. Finally, the book could appeal to employees and managers, human resources professionals, victim rights advocates, elected officials, media personnel, and other professionals who are interested in learning more about whistleblower retaliation and its psychosocial and cultural implications.

No Fear

No Fear PDF Author: Marsha Coleman-Adebayo
Publisher: Chicago Review Press
ISBN: 1569769397
Category : Social Science
Languages : en
Pages : 498

Book Description
As a young, black, MIT-educated social scientist, Marsha Coleman-Adebayo landed her dream job at the EPA, working with Al Gore, assisting post-apartheid South Africa. But when she tried to get the government to investigate allegations that a multinational corporation was responsible for the deaths of hundreds of South Africans mining vanadium—a vital strategic mineral--she found that the EPA was the first line of defense for the corporation. When the agency stonewalled, Coleman-Adebayo blew the whistle. How could she know that the agency with a hippie-like logo would use every racist and sexist trick in their playbook in retaliation? The EPA cost her her career, endangered her family, and sacrificed more lives in the vanadium mines of South Africa—but also brought about an upwelling of support from others in the federal bureaucracy who were fed up with its crushing repression. Upon prevailing in court, Coleman-Adebayo organized a grassroots struggle to bring protection to all federal employees facing discrimination and retribution from the government. The No FEAR Coalition that she organized waged a two-year-long battle with Congress over the need to protect whistleblowers—and won. This book is her harrowing story.

The Corporate Whistleblower's Survival Guide

The Corporate Whistleblower's Survival Guide PDF Author: Tom Devine
Publisher: Berrett-Koehler Publishers
ISBN: 1605099880
Category : Business & Economics
Languages : en
Pages : 358

Book Description
From Erin Brockovich to Enron, whistleblowers who “challenge abuses of power that betray the public trust” have proven to be an unfortunate necessity in modern business culture. Their efforts to report crimes, fraud, and dangers to public health and safety have saved millions of lives and billions of dollars of shareholder value – and had we heeded the warnings of whistleblowers, perhaps disasters such as the Bernie Madoff scandal and the Lehman Brothers meltdown could have been averted. Recent federal legislation in finance and health reform have cemented legal protections and mechanisms for whistleblowing. This book provides a thorough guide and history to the whistleblower's legal rights. The ultimate survival guide, it provides advice on getting help and finding allies, warns that retaliation is often the reward for "committing the truth" and shows how to weather the storm. With extensive legal texts, sample letters, resources, and information on upcoming whistleblower reforms, this is the ultimate source on the subject.

Rules for Whistleblowers

Rules for Whistleblowers PDF Author: Stephen M. Kohn
Publisher: Rowman & Littlefield
ISBN: 1493059254
Category : Law
Languages : en
Pages : 441

Book Description
Learn how whistleblowers have saved lives, stopped frauds, protected their jobs, and earned million-dollar rewards for doing the right thing in Rules for Whistleblowers, Stephen Martin Kohn’s seventh book on whistleblowing. This book is a fully updated and expanded revision of The Whistleblower’s Handbook, the first-ever comprehensive consumer guide to exposing workplace wrongdoing. Kohn’s thirty-seven rules highlight the “traps” facing whistleblowers today and address how to file anonymous cases and qualify for multi-million-dollar rewards. Kohn carefully explains complex rules and laws governing whistleblowing including the Dodd-Frank, IRS, and False Claims Acts, as well as detailed strategies for fighting retaliation. He also covers controversial issues such as taping, removing documents, and ignoring nondisclosure agreements. Modernized laws have revolutionized the rights of employees both in the United States and internationally, enabling whistleblowers to be paid over $10 billion in rewards for doing the right thing. No employee should blow the whistle without knowing their rights. Too much is at stake.

Whistleblowing and Retaliation

Whistleblowing and Retaliation PDF Author: Edward T. Ellis
Publisher:
ISBN: 9781522112402
Category :
Languages : en
Pages : 525

Book Description