The Rising Tide of Retaliation and Whistleblower Claims
Dodd-Frank adds an additional, potentially lucrative remedy for whistleblowers: a "bounty"—or a share of any monies received as a result of fraud they report. They don't even need to identify themselves when they report, but if they do and they are later terminated, they can sue for that as well.
Dodd-Frank also appears to make unenforceable pre-dispute mandatory arbitration agreements covering many of these claims, and it may make settlement of Sarbanes-Oxley claims impossible without costly litigation.
New Developments in Existing Laws
Theft of corporate documents by employees, once thought to justify termination under any circumstances, may now be protected activity.
Also, Congress has tried to make SOX more accommodating to plaintiffs.
What Does This Mean for You?
While only a few years ago, federal whistleblower protections were limited to companies involved in highly regulated industries, these laws now cover every industry and put all companies—large or small, publicly traded or privately owned—at risk. Your employees also now have powerful weapons and added incentives to make a claim.
How Should You Respond?
Preparation: "The best defense is a good offense"
Our program will focus on new legislation, existing state and federal retaliation and whistleblower protections, and recent developments in this expanding area, including:
- Why whistleblower and retaliation claims are rising
- Developing case law under Title VII retaliation, SOX, NJ CEPA and other federal and state laws
- What your risk and compliance programs should look like
- How to handle a complaint
- Tips on avoiding and addressing retaliation and whistleblower claims
Registration & Breakfast: 8:00 a.m. – 8:30 a.m.
Program: 8:30 a.m. – 10:30 a.m.
You may also register by contacting Barbara Hughes* at 267.402.3005 or firstname.lastname@example.org. Please respond by March 11, 2011.
CLE credit has been approved for this event.
Questions? Please contact Barbara Hughes* at 267.402.3005 or email@example.com.
There is no charge for this program.
*Please also direct all requests for special accommodations to Barbara Hughes.