Guide · Labor and Employment
Whistleblower and Retaliation Claims: A Comprehensive Guide to Protected Activity, Causation, and Remedies
29 U.S.C. § 660
- Type
- Guide
- Jurisdiction
- National
- Date
- 2023-10-21
- Topic
- Labor and Employment
This guide maps the whistleblower and retaliation landscape statute by statute and explains how to choose among overlapping routes. Part 1 sets out the common analytical structure every claim shares: protected activity, employer knowledge, adverse action, causation, and remedy. Parts 2 through 6 cover the Department of Labor administrative programs and their very short deadlines, the False Claims Act and its qui tam procedure, the securities, commodities, and tax reward programs, the separate framework governing federal employees, and the state statutes and public policy tort that fill the gaps. Part 7 treats causation in detail, because it varies more than any other element and decides more cases than any other. Part 8 covers evidence, the document-taking problem, arbitration, and releases. Part 9 sets out remedies statute by statute, including double back pay and relator shares. Part 10 covers employer compliance program design and the documentation that satisfies a clear-and-convincing defense. Part 11 lists the errors that recur on both sides.
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