Good News for State Employers: Court Raises Employee's Burden of Proof in Whistleblower Lawsuits
Sherry L. Travers of Thompson, Coe, Cousins & Irons, LLP
The Austin Court of Appeals recently provided government employers some good news concerning retaliation claims made by employees under The Texas Whistleblower Statute, which applies solely to public sector employees. The statute prohibits government employers from taking adverse personnel actions (i.e. demotions, suspensions, terminations, etc.) against employees in retaliation for reporting violations of law.
Texas Supreme Court Narrows Scope of State's Whistleblower Statute
Sherry L. Travers of Thompson, Coe, Cousins & Irons, LLP
The Texas Supreme Court recently provided government employers some good news concerning retaliation claims made by employees under The Texas Whistleblower Statute, which applies solely to public sector employees.
Sarbanes-Oxley: Better Listen to the WhistleblowerÃÂ
Kimberly D. Baker and David H. Smith of Williams Kastner
When a train whistle blows, notice is given that the train is rapidly approaching and to stand clear of the tracks. While numerous federal and state statutes provide notice to offenders that their conduct is improper and subjects the offender to fines and criminal sanctions, whistleblower statutes also provide a system to protect those individuals who report wrongful conduct to authorities.
The Whistleblowers' Protection Act does not Protect a "Perceived Whistleblower"
Bodman LLP
The Michigan Supreme Court unanimously ruled that the Whistleblowers' Protection Act (WPA) does not protect an empl.
Defense: The Whistleblower Amendments: Good Intentions Gone Awry?
John L. Beers and Stephanie Leider of Fisher & Phillips LLP
The California Legislature passed SB 777 to significantly expand the rights and protections afforded employee whistleblowers. Certainly, encouraging employees to disclose corporate abuses as early as possible to prevent and minimize the consequences of corporate fraud is a laudable goal. Unfortunately, however, for every deserving employee these amendments protect, dozens of other employees will misuse these provisions to insulate themselves from legitimate corrective action or to strong-arm employers into lucrative and undeserved settlements.
Delaware Whistleblower Act Extended to Private Sector Employees and Independent Contractors, Effective July 19, 2004
Wendy K. Voss of Potter Anderson & Corroon LLP
Recently enacted legislation expands the scope of the Delaware Whistleblowers' Protection Act, which formerly applied to public employees/employers only, to include all private employees/employers. Significantly, the Act defines "employee" to include common law employees, contract employees, and independent contractors. A person is "employed" within the meaning of the statute if services are performed for wages or under any contract of hire, whether it is written or oral, express or implied.
Private Whistle-Blower's Act Differs from Public Whistle-Blower's Act
Stephen H. Cypen of Cypen & Cypen
Sections 448.101-448.105, Florida Statutes, comprise the "Private" Whistle-blower's Act; sections 112.31.
Private Companies and SOX
John B. Gamble of Fisher & Phillips LLP
Does Sarbanes-Oxley extend to whistleblowers at privately held entities? Practitioners should be careful.
If you have been identified as the point person in your law firm or legal department for fielding Sarbanes-Oxley Act whistleblower questions, chances are one of the most frequent questions you are getting is something like this: "An employee who works for one of our privately held clients (or entities) thinks he is a whistleblower. Is he covered by the Sarbanes-Oxley Act at all?"
Practical Solutions for Dealing with Whistleblowers
David A. Selden
The Sarbanes-Oxley Act requires all public companies to establish procedures for (1) the "receipt, retention and treatment" of employee complaints on internal accounting controls and auditing practices, and (2) the confidential, anonymous submission by employees of concerns regarding questionable accounting or auditing matters. Most companies must have such procedures in place by October 31, 2004, at the latest.