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Fourth Circuit Clarifies Standard For Retaliation Claims Under False Claims Act

William O’Hara sued his former employer, NIKA Technologies, Inc., under the whistleblower-protection provisions of the False Claims Act (the “FCA”), 31 U.S.C. 3730(h), and the American Recovery and Reinvestment Act (the “ARRA”), Pub. L. No. 11-5, 123 Stat. 297-99 (2009).  Essentially, O’Hara claimed that NIKA fired him for disclosing another company’s alleged fraud on the […]

Red Cross Stuck With Phlebotomist’s Retaliatory Discharge Claim

On July 14, 2017, a Norfolk federal judge denied a motion to dismiss a former Red Cross employee’s claim that her employer fired her for reporting what she believed were health and safety violations committed by her supervisor.  Easterbrooks v. American Red Cross, No. 2:17cv98 (E.D.  Va. 2017). Judge Raymond Jackson ruled that plaintiff Julie […]

SEC Settles Whistleblower Retaliation Charge

On June 16th, the Securities and Exchange Commission filed (and settled) its first Dodd-Frank whistleblower anti-retaliation claim. While employers should be aware of the new enforcement action taken by the SEC, the allegations show that even the most sophisticated employer can engage in very questionable behavior. According to the SEC Settlement Order, which can be […]

10th Circuit Affirms SOX Whistleblower Ruling

On June 4, 2013, the United States Court of Appeals for the 10th Circuit affirmed a ruling by the United States Department of Labor’s Administrative  Review Board and held that Lockheed Martin violated the Sarbanes-Oxley Act (“SOX”) by constructively discharging an employee after she complained about an executive who allegedly had sexual affairs with soldiers […]