On May 1, the Supreme Court granted certiorari in Murray v. UBS Securities. Murray is a whistleblower retaliation case brought under the Sarbanes Oxley Act (SOX). Plaintiff Trevor Murray alleges he was terminated in retaliation for raising concerns to his supervisor about his employer (UBS) committing fraud on shareholders. The jury delivered a $1 million […]
Wrongful termination suits often rely on proof of motive—did the employer terminate the employee for an unlawful reason? But employers that act for illegal motives aren’t likely to admit it, so the law has established ways to prove unlawful motives through circumstantial evidence. But there is more than one formula for that proof, depending on […]
The coronavirus (COVID-19) outbreak is top of mind for HR professionals and employers nationwide. Our latest interactive map of COVID-19 cases has been adjusted to reflect the rise in cases in the United States. Read on to view our updated color-coded map, a list of resources, plus an animation showing how our map has developed […]
From one perspective, whistleblowing is an act of justice by a self-sacrificing hero, says Dr. Ken Broda‐Bahm; but from the other perspective, it’s the ultimate betrayal by a divisive malcontent. Once you understand that, Broda-Bahm adds, you can move your culture to a place where whistleblowers are much less of a threat.
Although a U.S. Supreme Court ruling on who qualifies for whistleblower protection is seen as a win for corporations in some circles, employers need to think carefully before taking action against employees who engage in whistleblowing, according to an attorney who has been watching the case.
Bill O’Reilly’s reign as a Fox News favorite came to an abrupt end amid a series of sexual harassment allegations against him. After the most recent allegations, Fox News hired large law firm Paul Weiss to conduct its internal investigation. Workplace investigations are tough, and if your organization can’t afford (or simply does not want) […]
by Brad Federman Willful blindness is a legal term that means there is information you could and should know but have elected not to know. Deliberate indifference and contrived ignorance also are used to describe the phenomenon. Unfortunately, there is a great deal of willful blindness in the world today. Willful blindness causes the downfall […]
by David L. Johnson On May 13, the Tennessee General Assembly passed House Bill 1954/Senate Bill 2126, which will significantly amend the Tennessee Human Rights Act (THRA) and the Tennessee Public Protection Act (TPPA) in a manner favorable to employers. Governor Bill Haslam is expected to sign the bill later this month. Once signed, it […]
by Hillary J. Collyer Whistleblowing has become a hot topic. Just a few years ago, three prominent whistleblowers were named Time magazine’s “person of the year.” Whistleblowing occurs when an employee charges that some wrongdoing or illegal conduct occurred within the company. This article addresses employers’ responsibility to protect whistleblowers from retaliation. No statute spells […]