Articles Posted in Whistleblowing

2016-07-12 16 45 37 Pennsylvania Welcomes You sign along northbound Interstate 83 entering Shrewsbury Township, York County, Pennsylvania from Maryland Line, Baltimore County, Maryland

Famartin, CC BY-SA 4.0, via Wikimedia Commons

I read a recent NJ federal court decision where a plaintiff began working for the defendant in New Jersey but later requested and received a transfer to Pennsylvania.

And that’s when things went awry. Continue reading

noun-thanos-4240482Have you ever watched The Dropout on Hulu? It’s about the rise and fall of Elizabeth Holmes and her company, Theranos, which sounds a lot like Thanos. Sadly, the Hulu show has nothing to do with the Marvel Universe or The Avengers, both of which are right in my wheelhouse.

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Often, readers of the blog will email me recent blogworthy HR news.

Occasionally, an attorney will send me a favorable decision that s/he obtained for a client on an employment law topic that may interest readers of this blog. Today, that’s what I’ve got for you — a case involving some healthcare workers who claimed that their former employer fired them for complaining that the company was not following state and local COVID-19 mandates. Continue reading

On Monday, Representatives Jackie Speier (D-CA) and Jamie Raskin (D-MD) and Senator Kamala D. Harris (D-CA) introduced the COVID-19 Whistleblower Protection Act. It is part of a larger piece of legislation called the “Coronavirus Oversight and Recovery Ethics Act of 2020” or the “CORE Act.” You can view a copy of the CORE Act here. Continue reading

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Image by Alexey Hulsov from Pixabay

In the past several days, many states have issued stay-at-home orders. Here is a list of them from CNN.

These orders vary, and no one is literally locked in their homes. But, the gist is that affected citizens should stay at home unless they need to venture out to get food, obtain medicine, or work for employers that provide essential services. New Jersey is one of these states — shocking, I know — that has issued a stay-at-home order.

So, what would happen if your local business forced an NJ resident to come to work against the individual’s wishes?

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You know, being a client of the Blogger King has its perks. (That’s me. I’m the Blogger King). When I’m not litigating and counseling on employment-related issues, I’m taking blog post requests and emailing weekly updates of HR goodies that don’t make it onto the blog.

But, with my DropBox and Pocket chock full of recent cases, I’ll summarize the recent biggies.

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Metal whistleCan a person whose job is to ensure that the company follows a particular standard of care; i.e., a watchdog employee, bring an action against the company under New Jersey’s Conscientious Employee Protection Act (CEPA), the state’s whistleblower law?

In case you missed it, earlier this month, the New Jersey Supreme Court answered this question (here) with a resounding yes! The logic is that CEPA is a very broad, remedial statute, and there is nothing in the letter of the law that carves away protections for watchdog employees. Therefore, when an employee “blows the whistle” on an unlawful (or what he/she reasonably believes is an unlawful) employer activity, that employee may have a claim under CEPA — even if the whistleblower is employed as, well, a whistleblower.

Image Credit: By Metal_whistle.jpg: Markus Schweissderivative work: MichaelFrey (Metal_whistle.jpg) [CC BY-SA 3.0], via Wikimedia Commons
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