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Documents that are Imperative in a Corporate Whistleblower Retaliation Case

Recent years have seen a significant rise in whistleblower reports being made to agencies like the SEC and CFTC. For these cases to be successful (many of which have), it is crucial that the whistleblower come armed with sufficient evidence, and that the agencies launching investigations uncover the complete truth of the allegations.

It is also important that the would-be whistleblower take certain steps to protect themselves from potential retaliation. There are several documents that can assist with this.

  • Written internal complaint: Laws that protect whistleblowers from retaliation do not require would-be whistleblowers to file written internal complaints first. However, such a report can only help a whistleblower. When a written internal complaint exists, the document strengthens a whistleblower retaliation case because it proves whistleblowing activity occurred.

  • Performance evaluations: Having written performance evaluations that indicate positive performance and marks front he company can serve as evidence in retaliation cases. Companies might try to justify a termination or other adverse action as being necessary or in response to poor performance, but having records of positive performance reviews will quickly shut down those assertions.

  • Message history: A history of emails, texts and slack messages can help to establish the retaliatory intent on the part of a company. While one does not need to prove there was a motive for retaliation to win a retaliation case, it can certainly help, and having messages that indicate that intent can be a powerful form of evidence.

For more information about the best strategies for combating whistleblower retaliation and winning a retaliation claim, contact an experienced whistleblower lawyer at Kardell Law Group.

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