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A pharmaceutical company’s compliance officer claimed she spent years flagging what she believed were Anti-Kickback Statute violations. What followed, according to her complaint: bogus HR investigations, a forced apology, a retaliatory performance review, a final warning memo, interference with her medical leave while she was undergoing cancer treatment, and ultimately termination. The employer moved to dismiss on statute of limitations grounds. The New Jersey Appellate Division just reversed.

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According to the EEOC, an employee complained about six months of sexual harassment. Her employer allegedly did nothing. So she went to court, got a protective order against the harasser, handed a copy to HR, and was fired the next day. The harasser kept his job.

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The court called it “repugnant and racially hostile.” It still wasn’t enough. A recent appellate decision affirming summary judgment for the employer on a hostile work environment claim is a useful reminder of how high the severe-or-pervasive bar actually is.

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“Doing What’s Right – Not Just What’s Legal”
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