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Retaliation Confidential Information

Bressler, Amery & Ross, P.C.

Be Careful With Non-Disparagement Provisions in Settlements of New Jersey Law Against Discrimination Claims

The Supreme Court of New Jersey recently issued a decision in Savage v. Twp. Of Neptune, (A-2-23)(087229), 257 N.J. 204 (2024) (slip. op.) holding the parties’ non-disparagement provision to be unenforceable as it was found...more

Seward & Kissel LLP

Employment Litigation Roundup: February 2024

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Former HR Executive Sues Financial Services Company for Equal Pay Violations in New Jersey Federal Court - A former head of human resources sued a financial services company for allegedly underpaying her relative to her...more

NAVEX

Part 3: 4 Characteristics of a Successful Whistleblower Hotline

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So far, in this three-part series, we discussed the various kinds of whistleblowing hotlines and the key components that comprise of a whistleblower hotline. In part three, we’ll discuss the four characteristics of a...more

Thomas Fox - Compliance Evangelist

Pre-Taliation Continues to Rear It’s Ugly Head

DE Shaw, a prominent financial services firm, recently settled a retaliation case with the Securities and Exchange Commission (SEC) for a staggering $10 million. It was settled via an Administrative Order. This settlement...more

Jackson Lewis P.C.

New Law Rewarding Whistleblowers May Lead to Substantial Increase in Whistleblower Claims

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In conjunction with an omnibus spending bill, Congress passed in late December 2022, the Anti-Money Laundering Whistleblower Improvement Act, which on December 29, 2022, President Biden signed into law. This law permits...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Tractor Supply Company for Disability Discrimination

Employer Disclosed Employee’s Confidential Medical Information, Harassed Her, Retaliated Against Her and Fired Her for Complaining, Federal Agency Charges - BIRMINGHAM, Ala. – Hattiesburg, Mississippi-based Tractor Supply...more

Kohn, Kohn & Colapinto LLP

DC Circuit Decision Upholds Whistleblower Confidentiality to Protect IRS Whistleblowers from Retaliatory FOIAs

On July 19, the United States Court of Appeals for the District of Columbia Circuit issued a ruling in Montgomery v. Internal Revenue Serv., a case concerning the Internal Revenue Service’s (IRS) handling of Freedom of...more

Rivkin Radler LLP

Employment Law Reporter Spring 2022

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Here is what we cover in this issue of Employment Law Reporter Spring 2022: •The U.S. District Court for the Western District of New York has granted the defendant’s motion in an employment discrimination lawsuit brought...more

Genova Burns LLC

NJ Appellate Division Upholds Requests, Not Commands, By Employers to Maintain Confidentiality in Employment Investigations

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On February 28, 2022, the New Jersey Appellate Division ruled that a request for confidentiality by an investigator in connection with a discrimination or harassment investigation is valid and does not violate an employee’s...more

McCarter & English, LLP

New Jersey Makes Sweeping Changes To Independent Contractor Laws- UPDATED June, 2020

New Jersey Governor Phil Murphy last week signed into law several bills aimed at combating the misclassification of workers as independent contractors rather than as employees. The new enactments expand the authority of the...more

Polsinelli

Summary Judgment Decision in Long-Running Erhart SOX Case Limits the Scope of Protected Activity Under SEC Books and Records and...

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On March 31, 2020, the U.S. District Court for the Southern District Court of California entered partial summary judgment in Erhart v. BofI Holding, Inc., a prominent, long-running whistleblower lawsuit under the...more

FordHarrison

The Gig is Up – New Jersey Misclassification Laws Create Extreme Risk for Anyone Utilizing Independent Contractors

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Soon after being elected, New Jersey’s Governor created a task force to end misclassification of independent contractors, and the state’s Department of Labor and Workforce Development (DOL) began increasing audits and its...more

Esquire Deposition Solutions, LLC

4 Steps Attorneys Should Take to Ensure Privacy & Security in Whistleblower Cases

Whistleblowers perform an essential public service in keeping companies and government honest. Unfortunately, in revealing misconduct or illegal acts, they also put themselves at risk of retaliation for the role they play....more

Seyfarth Shaw LLP

Actions Taken in Violation of State Law May Not Be Protected Activities Under Title VII

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Plaintiffs often have difficulty producing evidence of comparators when attempting to prove unlawful discrimination because records contained in personnel files are confidential, but any attempts to gather such evidence must...more

Polsinelli

No, Stealing Personnel Files Is Not Protected Activity (But the analysis doesn’t end there)

Polsinelli on

On November 15, 2018, the United States Fourth Circuit Court of Appeals affirmed the decision of the Middle District of North Carolina in the case of Netter v. Barnes, et al, upholding dismissal of Netter’s case because her...more

U.S. Equal Employment Opportunity Commission...

Jewish Board of Family and Children’s Services To Pay $60,000 To Settle Retaliation Suit

Social Services Agency Fired Employee Because She Complained About Disclosure of Confidential Medical Information, Federal Agency Alleged - NEW YORK, N.Y. - Jewish Board of Family and Children Services, a social service...more

Seyfarth Shaw LLP

California Court Of Appeal Holds That Disclosure Of Confidential Information Protected By Anti-SLAPP Statute

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A recent California Court of Appeal decision held that the receipt, retention and dissemination of confidential information by a whistleblower’s attorney is protected by the state’s anti-SLAPP statute. MMM Holdings, Inc. v....more

Cozen O'Connor

I-13 – Policies, Policies, Policies, and Microchips Embedded in Employees

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Michael Schmidt of Cozen O'Connor addresses recent trends and noteworthy developments on certain employment policies related to political activity, confidential customer information, FMLA retaliation, and maximum leave...more

Seyfarth Shaw LLP

Sixth Circuit Signs Off On EEOC Subpoena In UPS Disability Discrimination Case

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Seyfarth Synopsis: The Sixth Circuit recently affirmed a U.S. District Court’s decision granting the EEOC’s application to enforce a subpoena in a disability discrimination investigation, finding that company-wide...more

Orrick - Employment Law and Litigation

Whistleblower’s Ability to Breach Confidentiality Agreement – Do the Ends Justify the Means?

It is common for employers to require employees whose job duties require access to confidential, sensitive, and/or proprietary information to sign confidentiality and/or non-disclosure agreements as a condition of employment....more

Zuckerman Spaeder LLP

Ex-General Counsel Dodged Privilege Claims Before $14.5 Million Verdict

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In our last post, we detailed how Sanford Wadler, the former general counsel of Bio-Rad Laboratories, won a $14.5 million verdict against Bio-Rad. Before Wadler could get to a jury, however, he had to surmount a...more

NAVEX

Why You Shouldn’t Relax on Pretaliation—Even if Policymakers Do

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About two years ago, the Securities and Exchange Commission (SEC) made history when it brought the first “pretaliation” whistleblower enforcement action against KBR Inc., a technology and engineering firm in Houston. The...more

Jackson Lewis P.C.

Beware What You Share – Disclosure of Medical Information Results in Retaliation and Interference Claims

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A United States District Court in Florida thwarted an employer’s attempt to toss the FMLA claims of an employee who sued after his medical condition was disclosed to co-workers who subsequently made fun of him. The employee...more

Farella Braun + Martel LLP

Revenge of the Whistle-blower: Possible Consequences of Compliance Failures

In a company with a robust compliance culture, potential whistleblowers can express their concerns without fear of retribution. By contrast, the penalty for a culture that silences whistleblowers just got steeper. Companies...more

Thomas Fox - Compliance Evangelist

Whistleblower Conference Agenda Sizzles with Hot Topics

2016 was more than simply the most robust year in Foreign Corrupt Practices Act (FCPA) enforcement. It was also a record year in Securities and Exchange Commission (SEC) whistleblower awards and additionally the year the SEC...more

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