Attorney, scholar, teacher Stephen Kohn presents a comprehensive, unified examination of the 35 federal laws that protect whistleblowers and their rights, plus the common law protections available in each of the 50 states. He provides a step-by-step overview of how to conceptualize and litigate whistleblower cases; detailed analyses of protections for employees who disclose environmental, nuclear, and health and safety violations; a clear, concise presentation of the most important protections contained in the First Amendment, the Civil Rights Act of 1971, and the False Claims Act's qui tam provisions. Kohn also gives detailed discussions of protected activity, discriminatory conduct, proof of retaliation, burdens of persuasion, damages, and attorney fees. The result is a major, practical resource for attorneys, executives, judges, legal scholars, and teachers in various fields of the law.
A Step-By-Step Guide To Doing What's Right And Protecting Yourself
Author: Stephen Martin Kohn
Publisher: Rowman & Littlefield
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.
United States. Congress. Senate. Committee on the Judiciary
Strengthening the Government's Most Effective Tool Against Fraud for the 21st Century : Hearing Before the Committee on the Judiciary, United States Senate, One Hundred Tenth Congress, Second Session, February 27, 2008
Author: United States. Congress. Senate. Committee on the Judiciary
Proceedings of the New York University 60th Annual Conference on Labor
Author: Paul M. Secunda
Publisher: Kluwer Law International B.V.
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 andRetaliation 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 andprotected 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 andjobsand 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.
An exploration of when and how - and to what effect - people make the choice to blow the whistle. Case studies from the tobacco industry, to NASA, to the FDA illustrate how individual efforts can and do transform institutions, shape public policy, and serve as a force for democratization.
What I liked in particular about the Handbook was that each chapter identified the issues within a theoretical context and then gave the historical perspective with an accurate account of the current legal position and set down clear markers on the issues likely to influence future developments in corporate responsibility. Phillip Taylor, The Barrister This book has drawn together a distinguished and international group of writers to provide a wide-ranging discussion of the responsibility of corporations to society in general, including discussion of the role of companies in promoting human rights, accomplishing sustainable development and restoring and keeping public trust . The contributors put calls for Corporate Social Responsibility into its legal framework and provide a wide range of possible solutions to perceived weaknesses in the law. The authors are to be congratulated for adhering to the editorial mandate to provide information in a succinct style which is comprehensible to the lay person as much as the well-informed . This work is an indispensable tool for anyone engaged in the globalisation debate. It gives valuable, international, multi-faceted insights on the current situation, on work-in-progress to create change and of the theoretical perspectives which inform both. Janet Dine, Queen Mary College, University of London, UK Finally a book that explores the legal considerations related to corporate responsibility, and does so from a global perspective with strong underpinnings of ethics. This book should prove a useful guide for those academics and managers interested in the historical and emerging legal framework that guides corporate decision making around responsibility. Sandra Waddock, Boston College, US This volume provides an invaluable collection of essays that consider diverse perspectives on the social responsibility of corporations. As such it provides a very satisfying and balanced combination of contributions that should be useful to any serious student either in practice or academe of the role of corporations in society. David Crowther, London Metropolitan University, UK The ever-important topic of corporate legal responsibility is deconstructed into many multifaceted components in this fascinating Handbook, which systematically examines each in turn and describes the contemporary legal position. The Research Handbook on Corporate Legal Responsibility considers general theory and basic concepts such as corporate legal personality, the doctrine of attribution, corporate governance and directors duties, and reviews the range of individuals to which corporations may be held responsible, particularly employees, suppliers, shareholders, stakeholders and women. The substantive grounds for corporate responsibility under civil and criminal law within the North American and Commonwealth jurisdictions are evaluated, and mechanisms of accountability such as novel regulatory processes (interactive regulation, codes of conduct and social reporting), risk management and the significant role of non-governmental organisations are identified. The thought-provoking chapters contained within this Handbook go on to present perspectives on topical international questions (corruption, labour standards, human rights, environmental protection and sustainable development) including an analysis of recent initiatives from several international organisations. Bringing together the work of around thirty leading academics, practitioners, campaigners and policymakers from North America, Europe and Australia, each chapter locates these issues within a theoretical context, giving an overview of its historical evolution, providing an accurate account of the current legal position and identifying policy issues likely to influence future developments.
United States. Congress. Senate. Committee on Governmental Affairs
Amendments to the Whistleblower Protection Act : Hearing Before the Committee on Governmental Affairs, United States Senate, One Hundred Eighth Congress, First Session, on S. 1358, to Amend Chapter 23 of Title 5, United States Code, to Clarify the Disclosures of Information Protected from Prohibited Personnel Practices, Require a Statement in Nondisclosure Policies, Forms, and Agreements that Such Policies, Forms, and Agreements Conform with Certain Disclosure Protections, Provide Certain Authority for the Special Counsel, and for Other Purposes, November 12, 2003
Author: United States. Congress. Senate. Committee on Governmental Affairs
What Can We Learn from Existing Whistleblowing Legislation and Research?
Author: David B. Lewis
Publisher: Edward Elgar Publishing
Category: Political Science
In this book, David Lewis brings together leading international experts to address the state of whistleblowing law and policy in America, Europe, Australia and South Africa. As well as outlining recent changes to whistleblowing laws and reporting major whistleblower studies, the contributors mount convincing criticisms of current laws and suggest some significant reforms. This book will provoke new thinking among those who view whistleblowing as an important practice, as well as those who are sceptical about its value in organizational life. Rodney Smith, The University of Sydney, Australia This timely and important book assesses the impact of legislation on public interest disclosures internationally, as well as setting an agenda for future research on whistleblowing. Combining both theoretical and practical methods, this unique book offers a detailed examination of some of the key statutory provisions in the UK and explores the way courts have interpreted them. The expert contributors compare the UK model with the different approaches taken in Australia, the US as well as the rest of Europe, and focus on the lessons that can be learned from the current practice of whistleblowing. They evaluate the contents and application of confidential reporting/whistleblowing procedures, and draw upon significant empirical research. This book will be of great interest to academics, postgraduate students, practitioners and policymakers in the fields of employment law, human resource management, business ethics and corporate governance.
The Erosion of Free Expression in the American Workplace
Author: Bruce Barry
Publisher: Berrett-Koehler Publishers
A factory worker is fired because her boss disagrees with her political bumper sticker. A stockbroker feels pressure to resign from an employer who disapproves of his off-hours political advocacy. A flight attendant is grounded because her airline doesn't like what she's writing in her personal blog. Is it legal to fire people for speech that makes employers uncomfortable, even if the content has little or nothing to do with their job or workplace? For most American workers, the alarming answer is yes. Here, Bruce Barry reveals how employers and courts are eroding workers' ability to express themselves on and off the job—with damaging consequences for individuals, their employers, and civil society as a whole. He explains how the law and accepted management practice stifle free speech on the job, why employers make repressive choices, and what workers can do to protect themselves. And he shows that not only are our rights as employees being diminished, but also our effectiveness as citizens—as participants in the civic conversations that make democracy work.