Mais conteúdo relacionado Semelhante a Whistleblower Law (20) Mais de The Virtual HR Director, LLC (16) Whistleblower Law2. Whistleblower Objectives
Review law
Summarize actions and remedies
Suggest best practices
Whistleblower © Gary Wheeler, The Virtual HR Director, LLC 2
3. ARRA 2009
Effective February 2009
Economic stimulus package
intended to provide a “jump
start” to the U.S. economy in
wake of the economic
downturn
Worth about $787 billion
Includes federal tax
cuts, expansion of
unemployment benefits, and
other provisions
Whistleblower © Gary Wheeler, The Virtual HR Director, LLC 3
4. Whistleblower
A whistleblower is a person who alleges
concealed misconduct on the part of an
organization or body of people, usually from
within that same organization
Whistleblower © Gary Wheeler, The Virtual HR Director, LLC 4
5. Whistleblower
Examples:
False Claims Act
Big Tobacco Scandal
Enron
Whistleblower © Gary Wheeler, The Virtual HR Director, LLC 5
6. ARRA’s Whistleblower Provision
Prohibits any non-federal employer receiving
„covered funds‟ from firing, demoting, or
otherwise discriminating against an employee in
retaliation for disclosing information
„Covered funds‟ are defined as any
contract, grant, or other payment from the
federal government or other funds appropriated
or made available under ARRA
Whistleblower © Gary Wheeler, The Virtual HR Director, LLC 6
7. Protected Disclosures
Gross mismanagement of an agency contract or
grant relating to covered funds;
Gross waste of stimulus funds;
Substantial and specific danger to public health or safety
through use of stimulus funds;
Abuse of authority in the implementation of stimulus funds;
or
Violation of a law, rule, or regulation governing a contract or
grant, awarded or issued relating to the stimulus funds.
Whistleblower © Gary Wheeler, The Virtual HR Director, LLC 7
8. Who is Covered?
ARRA‟s protections extend to:
Employees who report their suspicions to an
official outside the organization
And to those who report their suspicions
internally to their employer
Whistleblower © Gary Wheeler, The Virtual HR Director, LLC 8
9. Establishing Retaliation
Employee
Needs to demonstrate that the protected
disclosure constituted a “contributing factor”
in the reprisal against the employee
Can show proof by circumstantial evidence
including
information regarding the decision-maker‟s
knowledge of the disclosure
timing of the reprisal relative to the disclosure
Whistleblower © Gary Wheeler, The Virtual HR Director, LLC 9
10. Establishing Retaliation
Employer
To rebut the allegation of reprisal, employer
must demonstrate with clear and convincing
evidence that it would have taken the action
constituting the alleged retaliation in the
absence of the disclosure
Whistleblower © Gary Wheeler, The Virtual HR Director, LLC 10
11. Actions and Remedies
Whistleblowers may pursue a civil action in
federal court, with a right to a jury trial
Employee may recover uncapped compensatory
damages, as well as costs, attorneys‟ fees, and
expert witnesses‟ fees
Claims may not be waived by agreement,
policy, form, or as a condition of employment
Claims are not subject to employment
arbitration agreements (with the exception of
collective bargaining agreements)
Whistleblower © Gary Wheeler, The Virtual HR Director, LLC 11
12. Organizational Impact
Increase in Whistleblower activity due to the
following:
Expansive list of protected disclosures
Relatively light burden of proof on the whistleblower to
establish retaliation
Potential for unlimited monetary damages
Whistleblower © Gary Wheeler, The Virtual HR Director, LLC 12
13. Best Practices
Post notice of the rights and remedies relating to
ARRA‟s whistleblower provision
Review and update company‟s code of conduct
Ensure a complaint procedure is in place
Train managers and supervisors on handling
complaints and emphasize no-retaliation
Whistleblower © Gary Wheeler, The Virtual HR Director, LLC 13
14. Food for Thought
Will there be an increase in whistleblowing?
In turn, will there be an increase in employer
retaliation; therefore, more lawsuits?
Whistleblower © Gary Wheeler, The Virtual HR Director, LLC 14
15. Whistleblower Information
For additional information go to:
www.recovery.gov
http://www.thevirtualhrdirector.com
gary@thevirtualhrdirector.com
Whistleblower © Gary Wheeler, The Virtual HR Director, LLC 15
Notas do Editor The objectives for this presentation will include reviewing the Whistleblower Law, then discussing some actions and remedies, and finally concluding with best practices for your organization. ‘Food for thought’ for you to consider moving forward. Will there be an increase in employees reporting misconduct because of the protection provided now…the potential for monetary damages for the whistleblower if retaliation is proven?That is all to be determined, as legislation is ever changing.