Working for Justice

Tag: Protected Activities

Sarbanes-Oxley: Private or Public?

Posted May 28th, 2019 by in Retaliation Law.

Since its enactment in 2002, Sarbanes-Oxley (SOX) has left a large, albeit often controversial, footprint in the world of corporate internal controls. As the compliance world has adjusted to the post-SOX era, businesses and courts have observed a growing need to address the current and future SOX requirements of private companies. This has had particular […]

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Dos and Don’ts to Consider Before Going to Human Resources

Posted February 19th, 2019 by in Employment Discrimination.

Thinking of raising a complaint to your Human Resources representative?  First, read these Dos and Don’ts from an employment law attorney. 1. DO read this article: “HR Is Not Your Friend: Here’s Why.” In representing clients in gender discrimination claims and pregnancy discrimination claims, I have learned that many employees think HR is there for […]

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Can You Be Fired For Your Political Beliefs?

Posted July 23rd, 2018 by in Employment Discrimination.

In today’s political climate, we have all seen how heated political debates can get. A perfectly pleasant Thanksgiving dinner with family can instantly turn hostile once the topic of politics comes up. But what happens when that political fervor carries over into the workplace? Can a private sector employee be fired for his or her […]

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Strong Whistleblower Protections for CA State Employees Encourage Reporting of Government Waste, Incompetency, and Inefficiency

Posted June 19th, 2018 by in Whistleblower Law.

If you are one of the nearly quarter-million people employed by the State of California, you should feel safe reporting any improper or illegal activity that you see around you. These protections are found in a law called the California Whistleblower Protection Act (CWPA), and they apply to anyone working for the state government or […]

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What Legal Protections Do Employees Have Against Retaliation?

Posted June 12th, 2018 by in Whistleblower Law.

Retaliation is generally understood as punishment for taking an action or making a statement. Employees often are aware that they have some protections against retaliation by their employers, but are not clear on what protections the law provides. The short answer is that the law generally protects employees from retaliation only for conduct or activities […]

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Confidentiality Agreements as the Basis for False Claims Act Suits

Posted May 8th, 2018 by in Whistleblower Law.

Corporations have long used confidentiality agreements as a cudgel to prevent employees from disclosing information about fraud and abuse to the Government. While each confidentiality agreement must be viewed in light of its individual circumstances, potential whistleblowers may be surprised to learn that the Federal Acquisition Regulation (FAR) 52.203-18 actually prohibits the use of government […]

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Employee Class Actions: Will the Supreme Court Cut Out the “[H]eart of the New Deal”?

Any day now, the Supreme Court will issue its decision in Epic Systems Corp. v. Lewis,[1] a case that will determine whether employers can force employees to resolve legal claims through individual arbitration, without recourse to class or collective proceedings. Section 7 of the National Labor Relations Act would seem to prohibit such arbitration clauses. […]

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Three Tips to Protect Yourself in the Workplace

Posted December 20th, 2017 by in Employment Discrimination.

Absent a contract of employment, “at-will employment” is the predominant employment relationship in the United States. Under the system, an employer can fire an employee for good reason, bad reason, or no reason at all. However, an employee may not be fired for an illegal reason, such as racial, gender, or other types of discrimination […]

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Illegal or Unfair? Identifying and Correcting Unlawful Conduct in the Workplace

Posted December 18th, 2017 by in Employment Discrimination.

Everyone who has ever had a job knows that the workplace comes with its ups and downs, from getting a raise and having your work recognized, to suspecting you’re underpaid and managing interpersonal conflicts. The low points cause employees to wonder, “Is my employer allowed to do this? What can I do to stop it, […]

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Dual-Pronged Protections for Record-Keeping Whistleblowers

Posted August 14th, 2017 by in Whistleblower Law.

Because bribery cannot be conducted transparently without leaving a trail of breadcrumbs directly back to the wrongdoing, any scheme by a registered company to bribe foreign officials will almost certainly run afoul of the Foreign Corrupt Practices Act’s (“FCPA”) record-keeping provisions. However, the FCPA’s record-keeping provisions reach well beyond bribery. The FCPA delineates far-reaching rules […]

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