Recent legislation and regulation has dramatically expanded protections for whistleblowers, causing a surge in retaliation and whistleblower lawsuits filed by employees while simultaneously increasing government scrutiny and enforcement activity.
Retaliation claims now appear in more than a third of all claims filed with the Equal Employment Opportunity Commission (“EEOC”), a significant jump over the past decade. Moreover, the Sarbanes-Oxley, Dodd Frank, Occupational Safety Act, and False Claims Acts, along with a number of other federal and state laws, protect corporate whistleblowers who lodge complaints regarding everything from age discrimination, to securities fraud, to wage and hour violations. At the state level, laws like the Massachusetts Medical Provider Whistleblower Statute protect healthcare workers who raise complaints about patient safety. As it becomes easier for employees to make whistleblower claims and, sometimes, reap huge financial rewards, the number of whistleblower lawsuits will continue to rise.
The experienced and knowledgeable attorneys of Skoler, Abbott & Presser are here to help. Our team will help you develop effective compliance and reporting programs to proactively reduce your risk of claims. We can work with your business to maintain compliance with the ever-changing requirements of the law by reviewing your policies and procedures, advising you on how to modify your existing policies, and letting you know when it is time to create new ones. We also provide our clients with clear and practical guidance on the right steps to take when addressing whistleblower complaints to avoiding a potential retaliation claim. When required, our attorneys are prepared to assist your business with sensitive investigations and defend your interests if a retaliation claim is filed. Our attorneys have extensive experience representing clients in whistleblower and retaliation cases before the Department of Labor (“DOL”) and other federal and state agencies, as well as in state and federal courts. Let our experience go to work for your business.