The Corporate Whistleblower's Survival Guide by Tom Devine & Tarek F. Maassarani

Author:Tom Devine & Tarek F. Maassarani
Language: eng
Format: epub
Publisher: Berrett-Koehler Publishers
Published: 2011-03-05T16:00:00+00:00

Your Rights on Paper

For nearly 35 years, to strengthen enforcement Congress has included remedial, anti-retaliation witness protection clauses in 57 laws, of which 47 protect workers of corporations or contractors and 3 protect employees of government corporations. Twenty of the corporate laws are administered by the Department of Labor (see Tool E in the Whistleblower Toolkit).

The scope and the subject matter are in a state of flux. These laws traditionally were concerned with environmental protection or worker safety. In 1986 Congress included anti-retaliation rights for government contractors challenging fraud in federal contracts or related payments such as Medicare.6 Until SOX the whistleblower provisions found in each law were generally restricted to employees challenging specific violations laid out in that particular statute. SOX broadened the scope of protected dissent to also cover fraud and the full range of Securities and Exchange Commission regulatory authority. The new Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 continues the expansive trend, covering the full SEC and Commodity Futures Trading Commission jurisdictions.

As with the scope of protection, the ground rules are highly inconsistent for how you can enforce your free-speech rights. There are three primary categories through the Department of Labor’s administrative law system:7

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