Employee Whistleblower Claims Under SOX: Preparing for New OSHA Enforcement
Avoiding and Defending Worker Retaliation Claims
OSHA makes two employers pay combined $1.6 million for SOX whistleblower violations in March
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide best practices for employment counsel to reduce the risk of employee whistleblower claims under SOX and prepare counsel with strategies for defending worker retaliation lawsuits.
Outline
- Whistleblower protection under SOX
- Covered employers and employees
- Protected activity
- Prohibited retaliation
- Remedies
- Legal developments regarding SOX whistleblower claims
- E-Smart Technologies and Tennessee Commerce Bank decisions
- Other recent ALJ decisions and case law developments
- Anticipated trends under the Obama Administration
- Best practices to avoid and defend claims
- Internal complaint procedures
- Documentation of investigations and resolutions
- Corporate policies
- Effective employee relations practices
- Defenses to litigation
Benefits
The panel will review these and other key questions:
- What is the anticipated impact on employers of the recent SOX whistleblower decisions favoring employees?
- What steps can employers take to reduce the risk of liability for employee retaliation and whistleblower claims?
- What are the key components of a formal internal complaint and investigation process and how is that process critical to an employer's defense to employee claims?
Faculty
Diana L. Hoover
Partner
Hoover Kernell
Her practice focuses on all areas of employment law, including discrimination claims, wage violations, and retaliation.... | Read More
Her practice focuses on all areas of employment law, including discrimination claims, wage violations, and retaliation. She has advised clients in connection with the WARN Act, compliance with the FLSA, investigating claims of whistleblower retaliation, resolving issues of internal theft and the sale of illegal drugs in the workplace, and the termination and discipline of employees.
CloseSteve Kardell
Partner
Clouse Dunn Khoshbin
He litigates complex employment issues, board of directors liability for employment practices, executive malfeasance... | Read More
He litigates complex employment issues, board of directors liability for employment practices, executive malfeasance and corporate ethics terminations. He has represented executives and employees in the first cases brought in the state and federal courts in Texas dealing with non-retaliation rights under a corporate code of ethics. He is Board Certified in Labor & Employment Law.
CloseCourtney L. Anderson
Mayer Brown
She represents businesses and individuals in discrimination, wage & hour, defamation, whistleblower, wrongful... | Read More
She represents businesses and individuals in discrimination, wage & hour, defamation, whistleblower, wrongful discharge and employment-related tort claims in state and federal courts and administrative agencies across the country. She has jury trial experience in Colorado state court and appellate experience before the Seventh and Tenth Circuits.
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