Every major law effecting employers protects whistleblowers. Discrimination, safety, wage/hour, securities fraud law, all prevent retaliation against employees who come forward with complaints of potentially unlawful activity. It is no surprise that retaliation claims are now the second most frequently filed claim under federal anti-discrimination laws – filed 3 times as often as sexual harassment.
Whistleblower claims are also the hardest to defend. Too often, the employer is exonerated for the underlying claim of unlawful conduct but loses the retaliation claim. A common pattern is as follows. An employee files a lawsuit against the employer alleging discrimination or other unlawful conduct. Subsequently, the employee tacks on another claim alleging he was retaliated against for complaining in the first place. The jury dismisses the underlying claim of wrongful conduct but rules for the employee on the retaliation claim.
Whistleblower and retaliation claims can be among the most costly. Plaintiffs’ attorneys know that these cases boil down to factual disputes that juries must decide as opposed to being dismissed by a judge. Thus, it’s not surprising that multi-million dollar settlements are common. Add to this the media attention that these claims garner and employers are faced with one of their most daunting compliance challenges.
This program helps employers meet that challenge. Taught by Gregory Keating, the attorney who literally wrote the book on defending whistleblower claims, this program will examine the major legal requirements and the best practices to meet those requirements.
This webcast has been approved for 1.0 General credits through HRCI
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