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Category Archives: Employee Rights

Critics Call OSHA Whistleblower Initiative a ‘Shaming Program’

Business leaders across a wide range of industries are criticizing a new Occupational Safety and Health Administration (OSHA) program that “shames” employers who have allegedly violated their workers’ whistleblower rights. The Whistleblower-Severe Violator Enforcement Program (W-SVEP) would target businesses and organizations that egregiously impede on their employees’ ability to file whistleblower complaints, especially when it […]

Texas Agency Seeks Dismissal of Employee’s Claims

The Texas Department of Aging and Disability Services (DADS) wants the state Supreme Court to disallow a former employee to bring a lawsuit against the agency for failing to accommodate his prostate cancer treatments. In a May ruling, the Texas First Court of Appeals denied psychologist David Donaldson’s claims that he was discriminated against due […]

Attorney Steve Kardell Offers Input on Ailes Case to Wall Street Journal

Attorney Steve Kardell has been was cited in a recent Wall Street Journal article covering the recent issues at Fox News related to the ouster of Chairman and CEO Roger Ailes. The case has dominated national news this summer. Ailes has been accused of sexual harassment by several women who have worked for the news […]

Employee at Regional Jail Files Retaliation Lawsuit

A former sergeant at the Southern Regional Jail near Charleston, West Virginia has filed a lawsuit against the state’s Regional Jail Authority, alleging employer retaliation. The man, Jason Hefner, says he was forced into resignation after reporting corruption within the jail system. According to the lawsuit, Hefner discovered the corruption after he conducted an investigation […]

Whistleblower Alleges Retaliation After Reporting Issues with Flint Water Last Year

Miguel Del Toral works as a regulations manager for the Environmental Protection Agency and was assigned to investigate the water issues in Flint, Michigan in early 2015. According to Del Toral and various congressional investigators, he ended up being punished by the EPA for blowing the whistle on the water crisis — well before it […]

Common Steps Whistleblowers Take When Filing Claims Against Employers

When an employee alleges that he or she faced retaliation after attempting to report misconduct within your organization, there are a number of protections afforded to that person. There are also several key steps that individual (along with an attorney) are likely to take as the claim proceeds. These steps include the following: Proving the […]

Bank of America Subsidiary Pays $36 Million Settlement in Overtime Lawsuit

Lansafe Appraisal Services Inc., an appraisal subsidiary of Bank of America, recently agreed to pay a $36 million settlement in a class action lawsuit in which the company was accused of wrongfully classifying residential real estate appraisers as being exempt from overtime pay. There were 365 members of the plaintiff class, each of whom will […]

How to Reduce Risk Associated with Employees Leaving Your Company

There has been a growing amount of litigation under the False Claims Act in recent years, with many more cases being brought by current or former employees against their companies. Therefore, organizations should have prevention strategies in place to help mitigate the risk of FCA litigation brought forth by anyone who works or has worked […]

Attorney-Client Privilege Also Protects Employee-Employee Communications

The protections available in terms of attorney-client privilege often depend on the type of content found in the communications. Because of this fact, privilege logs almost never play a dispositive role in case analyses that courts perform. But occasionally, the adversary in the case will point to the data regarding “recipients” and “author” in a […]

Whistleblower Claim Arises from Food Safety Concerns at High School

A recent whistleblower lawsuit against the David Douglas School District near Portland, Oregon alleges that its high school was not engaging in proper food safety practices. The suit was filed by two of the district’s food service workers and a special education assistant at the school. According to the plaintiffs, officials in the school district […]


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