Whistleblower cases are complex, and they often pit laypeople — an everyday worker just trying to do the right thing — against well-heeled, powerful, experienced opponents. Several cases making headlines this year illustrate this scenario: Large railroads, such as Norfolk Southern, Union Pacific and others, face questions about their safety procedures following accidents and hundreds of whistleblower complaints during the past five years. A recently unsealed federal appeals court … [Read more...]

A longstanding but rarely tested corner of whistleblower law flew to the forefront this month in the form of a decision by the U.S. Supreme Court. We get into the specifics below, but here’s the underlying lesson: In today’s legal environment, whistleblowers benefit greatly from retaining counsel with a thorough understanding of the law and a solid track record of communicating with the U.S. Department of Justice. Understanding the decision requires a bit of background. We often help … [Read more...]

The California Supreme Court this month ruled that employees who report labor law violations to an employer or agency that already knew about the violation is a protected disclosure under state whistleblower law. The ruling in a case brought by the state’s Labor Commissioner means that whistleblowers who report “already known” violations are subject to anti-retaliation protection. The state’s Labor Code prohibits employers from retaliating against employees for “disclosing information” … [Read more...]