Category Archives: Retaliation

The Complaint Came Too Late: J.P. Morgan Caught Filing FINRA Complaints After Firing Whistleblower

A former broker for J.P. Morgan Chase was fired by the bank due, in part, to complaints about him filed by current and former customers with the Financial Industry Regulatory Authority (FINRA). However, later investigations determined both that some of … Continue reading

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California: A Request for Accommodation Alone Will Be Considered a “Protected Activity” for Purposes of Retaliation or Discrimination Under FEHA

In the summer of 2015, California Governor Jerry Brown signed Assembly Bill No. 987, which, as of January 1, 2016, amended California’s Fair Employment and Housing Act (Government Code section 12940 et seq.) (“FEHA”) to prohibit an employer from retaliating … Continue reading

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Don’t Shoot the Messenger: Board Members May Be Held Individually Liable for Silencing In-House Counsel’s Complaints of Corruption

The U.S. District Court for the Northern District of California recently determined, in a matter of first impression, that members of a company’s board of directors may be held individually liable under the anti-retaliation provisions of the Sarbanes-Oxley Act (“SOX”) and … Continue reading

Posted in California, Employee Policies & Procedures, Foreign Corrupt Practices Act, Litigation, Retaliation, Whistleblower, Wrongful Termination | Leave a comment

SOX Claimants May Be Entitled To Front Pay

In a recent memorandum opinion, the Eastern District of Virginia found that plaintiffs raising retaliation claims under the Sarbanes-Oxley Act (“SOX”) are entitled to front pay, provided they present enough data to calculate a reasonably certain front pay award.  This … Continue reading

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California Expands Protection For Whistleblowers

California Governor Jerry Brown signed into law SB 666 and AB 263, which together expand protections for whistleblowers in California by amending California’s general whistleblower statute, Labor Code section 1102.5.  These amendments are effective January 1, 2014.

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Texas Court Upholds Retaliation Verdict Three Years After Protected Activity

The Texas Fourth Court of Appeals affirmed a jury verdict finding that an employee who was terminated due to a job elimination was unlawfully retaliated against in SAWS v. Nicolas, 04-2012-0442, (Oct. 23, 2013).  The interesting fact is that the … Continue reading

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Plaintiff In Northern Virginia Wins $1.2 M On Retaliation Claim

In a recent bench trial before the U.S. District Court for the Eastern District of Virginia, an employment plaintiff prevailed on a retaliation claim under Title VII and was awarded $1.2 million by the judge. A copy of the final … Continue reading

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Employee Fired for Comments Made at EEOC Mediation — Retaliation?

Michael Benes filed an EEOC charge for sex discrimination against his employer, A.B. Data, and the parties agreed to mediation. At the EEOC mediation, the parties were in separate rooms. Upon receiving a settlement proposal that he thought too low, … Continue reading

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A retaliation post that is worth a read

I read this blog post today about a retaliation case involving a large law firm.  It is really worth reading, as it raises several questions that often face employers when dealing with employees that are claiming discrimination.

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U.S. Supreme Court to Review Denial of Whistleblower Protection Under Sarbanes-Oxley to Contractors

The U.S. Supreme Court recently granted a writ of certiorari for a First Circuit decision dealing with the whistleblower protections of the Sarbanes-Oxley Act. In Lawson v. FMR, Inc., the U.S. Court of Appeals for the First Circuit held, as a … Continue reading

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DOL Fact Sheets On FMLA And FLSA Retaliation

The Department of Labor has new fact sheets regarding the FMLA’s interference and anti-retaliation provisions and the FLSA’s anti-retaliation provision.  (Hat tip to The Employer Handbook.)

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Sarbanes-Oxley Whistleblower Statute Does Not Protect Employees Who Leak Information To The Media

The U.S. Court of Appeals for the Ninth Circuit held that the provisions of the Sarbanes-Oxley Act (“SOX”) only protect employees of publicly-traded companies who disclose certain types of information to the three categories of recipients specifically enumerated in the … Continue reading

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Unanimous Supreme Court Adopts Broad Reading Of Title VII Retaliation Provision

The U.S. Supreme Court continued its expansive interpretation of the anti-retaliation provisions of the Civil Rights Act of 1964 with its January 24 decision in Thompson v. North American Stainless.  The Court held that the firing of a worker because … Continue reading

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New Jersey Case Involving HR Manager Highlights Issues With Claims By High Level Officials

In Quinlan v. Curtiss-Wright Corp., a New Jersey appellate court reviewed a $10.6 million jury verdict in a sex discrimination and retaliation case brought by a human resources manager against her former employer.  The opinion can be read here.  The case … Continue reading

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Adverse Verdict In Retaliation Case Is A Grim Reminder For Employers

A recent decision by the U.S. Court of Appeals for the Ninth Circuit affirming a jury’s findings that several discriminatory statements made by supervisors, some of which were reported to a human resources representative, were sufficient evidence that the employee … Continue reading

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