Retaliation

UNITED STATES SUPREME COURT EXPANDS SARBANES-OXLEY WHISTLEBLOWER PROTECTION

In the early 2000s, corporate and accounting scandals involving Enron, Tyco, WorldCom, and other publicly traded companies cost investors billions of dollars and prompted federal legislation to reform corporate financial practices. The Sarbanes-Oxley Act (SOX) covers everything from mandatory financial disclosures to enhanced penalties for white-collar crime to requiring a company’s CEO to sign corporate tax …

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THE NATIONAL LABOR RELATIONS BOARD PLANS COMPLAINT AGAINST EMPLOYER IN A CASE INVOLVING TWITTER

          In a first-of-its-kind case, the National Labor Relations Board (NLRB) has informed an employer, Thomson Reuters, that it plans to file a civil complaint against that company for reprimanding an employer over a Twitter posting she had sent criticizing management of the company.               The NLRB asserts that the company violated the employee’s right …

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UNITED STATES SUPREME COURT RULES THAT VERBAL COMPLAINTS REGARDING WAGE VIOLATIONS ARE PROTECTED UNDER THE FAIR LABOR STANDARDS ACT

            In late March, 2011, in a case entitled Kasten v. Saint-Gobain Performance Plastics Corp., the Supreme Court held that employees who make complaints to their employers regarding wage violations, even verbal ones, are protected under the Fair Labor Standards Act (FLSA).              The case arose after an employee made complaints to his former employer …

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UNITED STATES SUPREME COURT RECOGNIZES RETALIATION AGAINST THIRD PARTY

In January, 2011, the United States Supreme Court, in Thompson v. North American Stainless, held that an employee can claim retaliation even for simply being associated with another employee who engaged in protected activity.  The case involved an employee of North American Stainless, Miriam Regalado, who was engaged to another employee, Eric Thompson.  Three weeks …

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SECOND CIRCUIT RULES THAT FAILING TO INVESTIGATE A DISCRIMINATION CLAIM CANNOT BE CONSIDERED A RETALIATORY ACT

Last month, the Second Circuit Court of Appeals, which has jurisdiction over Connecticut, New York and Vermont, ruled that a company’s failure to investigate a complaint of alleged employment discrimination cannot be considered retaliation for the filing of that same complaint. The plaintiff, Ms. Cynthia Fincher, worked as a senior auditor for the Depository Trust …

SECOND CIRCUIT RULES THAT FAILING TO INVESTIGATE A DISCRIMINATION CLAIM CANNOT BE CONSIDERED A RETALIATORY ACT Read More »