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Grassley, Leahy press Justice Department on 'Whistleblower' Protections

Posted  09/22/17
By the C|C Whistleblower Lawyer Team Senate Judiciary Committee Chairman Chuck Grassley and Senator Patrick Leahy on Wednesday pressed the Justice Department on its progress implementing whistleblower protections at the FBI. In a letter to Attorney General Jeff Sessions, Grassley and Leahy outline a series of concerns about whistleblower protections that have gone unaddressed despite government reports drawing...

Wells Fargo to Fight OSHA Order to Pay and Reinstate Whistleblower

Posted  04/6/17
By the C|C Whistleblower Lawyer Team Wells Fargo will appeal an OSHA order issued earlier this week in which the agency ordered Wells Fargo to pay a former manager-turned-whistleblower a $5.4 million reward and reinstate him at the company. Wells Fargo terminated the whistleblower in 2010 after he reported problems to both his superiors and a banking ethics hotline, was given 90 days to find a new job in the...

Wells Fargo Whistleblower Wins $5.4 Million and His Job Back

Posted  04/4/17
A federal regulator on Monday ordered Wells Fargo to pay $5.4 million to a former manager who said he was fired in 2010 after reporting to his supervisors and to a bank ethics hotline what he suspected was fraudulent behavior. The bank must also rehire him, the Labor Department’s Occupational Safety and Health Administration said. OSHA concluded that the manager was "abruptly" forced to leave a Los Angeles...

Trump Administration Halts Retaliation Penalties, Chills Nuclear Whistleblowers

Posted  02/9/17
By the C|C Whistleblower Lawyer Team The US Department of Energy—responsible for, among things, the nation’s nuclear security—has frozen an Obama administration regulation that would have permitted civil penalties against federal nuclear contractors that retaliated against whistleblowers for reporting waste, fraud, and dangerous conditions. The original rule was to have taken effect on January 26, 2017. For...

Financial Company HomeStreet Charged With Improper Accounting and Impeding Whistleblowers

Posted  01/20/17
By the C|C Whistleblower Lawyer Team The SEC announced that Seattle-based financial services company HomeStreet Inc. has agreed to pay a $500,000 penalty to settle charges that it conducted improper hedge accounting and later took steps to prevent potential whistleblowers in violation of SEC Rule 21F-17, which prohibits taking actions to impede communication with the SEC. According to the SEC’s order,...

SEC Charges KBR with Violating Whistleblower Protection Rule

Posted  04/2/15
By the C|C Whistleblower Lawyer Team The SEC yesterday announced its first enforcement action against a company for including improperly restrictive language in confidentiality agreements that had the potential to stifle whistleblowers.  According to the SEC, Houston-based global technology and engineering firm KBR Inc. violated Dodd-Frank Rule 21F-17 whistleblower protections by requiring witnesses in internal...

The Not So Friendly Skies: When "Saying Something" Leads to Retaliation

Posted  01/8/15
By Marlene Koury We all know the motto: if you see something, say something. The thirteen senior United flight attendants making the news this week saw something, said something, and, as alleged in their complaint filed earlier this week, were fired in retaliation. On July 14, 2014, while preparing to depart San Francisco with a nearly full 747 plane bound for Hong Kong, the attendants became aware that someone...

Sixth Circuit Finds Job Applicants Not Covered By FCA Whistleblower Retaliation Provisions

Posted  12/4/14
By the C|C Whistleblower Lawyer Team The whistleblower retaliation provisions of the False Claims Act offer broad relief to "employees" who are terminated, suspended, harassed or otherwise discriminated against by their employers for engaging in protected whistleblowing activity.  Congress amended the statute in 2009 to expand these provisions beyond employees to also reach "contractors" and "agents" of a...

Fifth Circuit Rules Disclosing Identity of Whistleblower Illegal Whistleblower Retaliation Under SOX

Posted  11/20/14
By the C|C Whistleblower Lawyer Team And yet another important decision on the scope of the whistleblower retaliation provisions of the Sarbanes-Oxley Act (SOX).  This one by the Fifth Circuit Court of Appeals in Halliburton, Inc. v. Administrative Review Board.  Before the Court was the question of whether Halliburton's outing of an employee who complained to the SEC violated the whistleblower protections...

Second Circuit Clarifies Reach of Sarbanes-Oxley Whistleblower Retaliation Protections

Posted  08/14/14
By Gordon Schnell What it takes to make out a whistleblower retaliation claim under the Sarbanes-Oxley Act just got a little clearer thanks to the Second Circuit decision last Friday in Nielsen v. AECOM Technology Corp.  There, the Court wrestled with exactly what kind of complaint a whistleblower needs to make to be protected under the statute enacted in the wake of the mighty Enron debacle.  In doing so, the...