Retaliation claims against employers are on the rise as new legislation providing expansive whistleblower protection has caused a surge in government investigations and retaliation and whistleblower claims by employees.
Whistleblower claims present compliance, litigation, and reputational risks for employers because the claims usually involve confidential and proprietary information and complex compliance issues. In addition to the retaliation prohibitions found in traditional employment statutes, federal and state laws, such as the Sarbanes-Oxley Act of 2002, the Dodd-Frank Wall Street Reform and Consumer Protection Act, and the False Claims Act, also prohibit retaliation against whistleblower employees. Increased enforcement initiatives have resulted in substantial penalties and an ever-growing need for solid legal guidance.
Jackson Walker’s whistleblower and retaliation team includes attorneys from our Labor and Employment, Corporate and Securities, Healthcare, and Special Investigations practice areas in order to address the complexities that arise from whistleblower and retaliation claims. Calling on the resources of various practice groups, we are able to provide solid compliance and risk advice to employers in order to mitigate the risk of whistleblower litigation.
We have crafted cutting-edge policies and procedures employers can implement immediately to lessen the chance of claims being filed and increase their ability to defend against such claims if they are filed. When a potential whistleblower situation arises, we provide clear and practical advice on steps to take at every stage of the process. Additionally, our attorneys assist with internal and government investigations of whistleblower claims and vigorously defend employers should litigation ensue.
Labor & Employment Dispatch: October 2018
- Provide advice and counsel on compliance programs to avoid liability and insulate employer from whistleblower claims
- Advise on the development of effective internal complaint processes
- Provide comprehensive training programs regarding effective management of internal whistleblowers
- Conduct confidential internal investigations of employee complaints and sensitive negotiations over whistleblower departures
- Litigate retaliation and other related whistleblower claims through trials and appeals before state and federal tribunals