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Topic: Whistleblower

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109th United States Congress

	WomenOf.com : THE WORLD OF WHISTLEBLOWERS (via CobWeb/3.1 planetlab1.isi.jhu.edu) (Site not responding. Last check: 2007-10-19)
		Afterwards, most whistleblowers are fired for trumped up reasons or forced to leave their jobs, their business communities, and often their professions due to the severe retaliation and negative professional publicity directed at them by their adversaries.
		Whether or not the whistleblowing has remained within the confines of the employer or has escalated to a national media event, the employee has been irreparably harmed and her career with that employer most likely is destroyed.
		I believe that unless a whistleblower is very familiar with the legal statutory mechanisms she intends to invoke, she should seek the legal counsel of someone who is trained or knowledgeable in the area.
	www.womenof.com.cob-web.org:8888 /Articles/le020298.asp (4325 words)

	NWI Whistleblower Legislative Brief
		The term "whistleblowing" is used to describe acts of alerting the public or the govern-ment of misconduct (specifically employer misconduct) such as violations of the law, threats to the safety and health of the public or co-workers, and breaches of well-accept-ed standards of professional ethics.
		The overall effective-ness of whistleblower protection legislation is determined by three primary factors: (1) the enforcement procedure, (2) the burden of proof arrangement, and (3) the remedies.
		A reasonability requirement for whistleblowing was left out of the model statute due to the difficulty involved in defining "reasonable" and due to the difficulty of preventing the misuse of such a requirement.
	www.workrights.org /issue_whistle/wb_legislative_brief.html (8363 words)

	Questions & Answers About Whistleblower Appeals (Site not responding. Last check: 2007-10-19)
		Whistleblowing means disclosing information that you reasonably believe is evidence of a violation of any law, rule, or regulation, or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
		In whistleblower appeals, you have the burden of proving by a preponderance of the evidence that whistleblowing was a contributing factor in the personnel action threatened, taken, or not taken against you.
		You may demonstrate that the whistleblowing was a contributing factor by showing that the official taking the action knew about the whistleblowing and that the action occurred within a time period such that a reasonable person would conclude that the whistleblowing was a contributing factor in the personnel action.
	www.mspb.gov /foia/forms-pubs/qawhistle.html (2570 words)

	Whistleblower Resources (Site not responding. Last check: 2007-10-19)
		Whistleblower Law explains how this new law works, including the legal and procedural requirements that must be met by the employee whistleblower.
		Whistleblower Law is the first book to explain and analyze the impact and implications of this legislation, especially as it pertains to the rights of whistleblowers--those who dare to come forward with evidence of wrongdoing.
		The book is an essential resource for any person evaluating the merits of a whistleblower case, for individuals who have “blown the whistle” and need to identify appropriate protections, and for attorneys with specialties in employment law.
	www.whistleblowers.org /html/nwc_publications.html (2066 words)

	Whistleblower Laws
		Some retaliation and whistleblower statutes are relatively "hollow," that is, they prohibit illegal employer retaliation, but do not allow the individual to pursue an administrative charge or file a lawsuit.
		Whistleblowers are cautioned, however, not to delay investigation of their possible legal remedies, as many of the laws have very short time limits.
		Whistleblower or similar anti-retaliation protections providing a private cause of action or administrative remedy are also found in various federal statutes.
	whistleblowerlaws.com /protection.htm (868 words)

	Whistleblower - Wikipedia, the free encyclopedia
		Whistleblowers are most often employees of businesses, but are also often employees of government agencies.
		This campaign directed at whistleblowers with the goal of eliminating them from the organization is refered to as mobbing.
		In passing the 2002 Sarbanes-Oxley Act, the Senate Judiciary Committee found that whistleblower protections were dependent on the "patchwork and vagaries" of varying state statutes.
	en.wikipedia.org /wiki/Whistleblower (3338 words)

	Whistleblower Laws and Acts
		However, an employer doesn't have to actually break a law for a whistleblower to be protected from retaliation for reporting the alleged violation.
		To be entitled to retaliation protection under specific whistleblower laws, whistleblowers typically must report alleged violations to the proper authorities, such as government or law-enforcement agencies, and not only within their companies.
		But, whistleblowers might be generally protected by public policy, common law or other laws as indicated above, for reporting violations only within within their companies.
	employeeissues.com /whistleblower_2.htm (623 words)

	Whistleblower Disclosures
		5 U.S.C. In this capacity, DU receives and evaluates whistleblowing disclosures—which are separate and distinct from complaints of reprisal or retaliation for whistleblowing which are reviewed by OSC’s Complaints Examining Unit as a prohibited personnel practice.
		If a whistleblower believes that wrongdoing took place, but can provide no information to support that assertion, OSC will not be able to refer the allegations to the head of the agency for an investigation.
		If OSC finds no substantial likelihood that the information discloses one or more of the categories of wrongdoing, the whistleblower is notified of the reasons the disclosure may not be acted on further and directed to other offices available for receiving disclosures.
	www.osc.gov /wbdisc.htm (1444 words)

	Faegre & Benson LLP: Recent Developments in Whistleblower Claims Under the Sarbanes-Oxley Act
		For the purposes of SOX whistleblower claims, an employee”; is a person currently or formerly working for, a job applicant of, or a person whose employment could be affected by a publicly-traded company or a representative of a publicly-traded company.
		For instance, one whistleblowing claimant argued that her employer was a public company for SOX purposes because the employer accepted funds from public and private donors as a corporation accepts funds from stockholders.
		An employee engages in protected whistleblower activity under SOX if the employee reports an employer’s conduct that he or she reasonably believes constitutes a violation of laws related to fraud against shareholders.
	www.faegre.com /articles/article_1953.aspx (2117 words)

	Whistleblower Protection
		A whistleblower is an employee who "blows the whistle" or tells on an employer.
		Whistleblower protection (aka whistle blower protection) means that employers can't legally retaliate against whistleblowers in any way, such as discharge, demotion, suspension or harassment, for exercising their rights under laws that have whistleblower protection provisions.
		Generally, whistleblower protection rights are designed to encourage employees to halt, report or testify about employer acts that are illegal or unhealthy, without fear of employer retaliation.
	employeeissues.com /whistleblower.htm (110 words)

	CBC News Indepth: Whistleblower (Site not responding. Last check: 2007-10-19)
		Whistleblower legislation is not extended to the Canadian Security Intelligence Service, the Communications Security Establishment and uniformed members of the RCMP or the Armed Forces.
		Martin said that in the case of the sponsorship scandal, a whistleblower would have had to report problems to the same government that was implicated in the scandal.
		The case was thrown out of lower court in 2001, which said they should have handled their complaints through in-house arbitration and that the court had no jurisdiction to hear the case.
	www.cbc.ca /news/background/whistleblower (1017 words)

	Connecticut Qui Tam Whistleblower Law Attorneys Retaliation Wrongful Termination Lawyers
		The law firm of Silver Golub and Teitell LLP represents whistleblowers who report cases of accounting fraud, price fixing, unfair trade practices, defrauding consumers, fraudulent use of government funds (known as qui tam cases), and other forms of intentional misconduct against their employers.
		Our qui tam and whistleblower law attorneys handle employment law cases on a contingency fee basis, which means you will not have to pay any attorney fees unless we obtain a recovery for you.
		Judgments and settlements obtained by our whistleblower attorneys are consistently among the largest in the state.
	www.sgtlaw-whistleblower.com (625 words)

	The Whistleblower Gets Whacked
		But a whistleblower, a member of the CIA’s Inspector General’s office, leaks the existence of illegal fl sites to a reporter, because she feels something wrong is being done in the name of the American people, and she gets fired.
		If the president does it it’s okay, but if it’s done by a whistleblower she gets fired, with humiliation and the "traitor" tag waiting for her on her departure.
		But a whistleblower sharing information he or she knows in order to inform the public that something wrong, maybe even illegal or criminal is going on within the U.S. government, certainly mitigates the wrongful act of having leaked information in the first place.
	www.taylormarsh.com /archives_view.php?id=2261 (1272 words)

	pogo.org POGO Report: Homeland and National Security Whistleblower Protections: The Unfinished Agenda 4/28/2005 Project ...
		FBI whistleblowers who exposed the agency’s failure to conduct investigations into terrorists were demoted, fired or driven out of their jobs.
		The whistleblower protection provision of Sarbanes-Oxley will protect courageous workers who speak out against corporate abuse and fraud.” Today, corporate whistleblowers are much better protected from retaliation than their counterparts in the public sector, even though the consequences of corruption in government are equally, if not more, far-reaching.
		Whistleblowers are also not protected when disclosures are made in the course of doing their job’s duties, as is the case for employees who conduct audits or investigations into wrongdoing such as Inspector General offices.
	www.pogo.org /p/government/go-050402-whistleblower.html (3118 words)

	Whistleblower Attorney: Learn about Whistleblower Law
		Federal employees benefit from the Whistleblower Protection Act (5 U.S.C. 1221(e)), and the No Fear Act (which made individual agencies directly responsible for the economic sanctions of unlawful retaliation).
		The Military Whistleblower Protection Act (10 U.S.C. § 1034), protects the right of members of the armed services to communicate with any member of Congress (even if copies of the communication are sent to others).
		This information was placed here by a pharmaceutical whistleblower who quit his job after being instructed by the president of Company X Inc. to hide marketing materials from the VP of Regulatory Affairs.
	www.weitzlux.com /whistleblowerattorney/whistleblowerlaw_339412.html (706 words)

	Whistleblower Protections in the Nonprofit Sector (Site not responding. Last check: 2007-10-19)
		Whistleblower protection should not be viewed only as a prophylactic mechanism designed to avoid employee lawsuits.
		Instead, protecting whistleblowers from retaliation and encouraging constructive whistleblowing benefits nonprofits by increasing transparency and by giving management the opportunity to learn early on of unethical or unlawful practices directly from their employees rather than from the media, law enforcement, or a regulatory agency.
		In addition, effective whistleblower protection helps foster a work environment in which all employees are held accountable, thereby improving performance and empowering employees.
	www.nonprofitrisk.org /nwsltr/archive/employprac091005-p.htm (1019 words)

	Whistleblower Protection \| HRS \| CSU (Site not responding. Last check: 2007-10-19)
		There are two ways to share information with the BSA: Call the Whistleblower Hotline at (800) 952-5665, or mail it to Investigations, Bureau of State Audits, 555 Capitol Mall, Suite 300, Sacramento, CA 95814.
		A CO supervisor or manager who receives a whistleblower retaliation complaint shall promptly transmit it to CO Human Resources, which will refer the complaint to the Vice Chancellor of Human Resources.
		Whistleblower retaliation complaints will be processed by the Vice Chancellor of Human Resources in accordance with Executive Order No. 822.
	www.calstate.edu /hrs/policies/policies_whistleblower.shtml (334 words)

	Compliance Assistance By Law - Whistleblower Protections
		Whistleblowers may not be transferred, denied a raise, have their hours reduced, or be fired or punished in any other way because they have exercised any right afforded to them under one of the laws that protect whistleblowers.
		Workers who believe that they have been subject to retaliation for engaging in health and safety actions that are protected under the OSH Act may file complaints with a federal OSHA Area Office representative.
		Also, pursuant to 29 CFR 1960.46 and 29 CFR 1960.47, federal agencies are required to establish procedures to protect federal employees against retaliation for participation in protected health and safety activities.
	www.dol.gov /dol/compliance/comp-whistleblower.htm (1042 words)

	WorldNetDaily: Report: 12-year-old Palestinian boy's martyrdom 'staged'
		Whistleblower cites stunning reports of Palestinians playing to the camera, including Israeli commentator Amnon Lord's account of the larger scene at Netzarim Junction when al-Dura was supposedly shot to death.
		Even more disconcerting, says the Whistleblower report, is the fact that France 2, the news organization that broke the story of Mohammed al-Dura's supposed "martyrdom" at the hands of Israeli soldiers, adamantly refuses to release all the raw footage taken by its Palestinian cameraman.
		For instance, journalist Charles Enderlin, who narrated the original story of the shooting, claims his employer, France 2, holds onto images of the child’s death throes – which he says he took out of his report for ethical reasons – because they were just too terrible to view.
	www.worldnetdaily.com /news/article.asp?ARTICLE_ID=31363 (1018 words)

	Whistleblower protections in limbo (9/26/05)
		To qualify for protection from discrimination through federal employee whistleblower legislation, employees are required to meet a number of stringent standards.
		But the Labor Department, which administers the whistleblower portions of the environmental statutes, is arguing that they do not apply to federal employees because of the notion of sovereign immunity, which protects the federal government against lawsuits.
		Members of the board said they are requesting the supplemental briefs in light of their recent decision in the case Powers v.
	www.govexec.com /dailyfed/0905/092605r1.htm (570 words)

	CTV.ca \| Whistleblower
		"Whistleblower," now in its second year on CTV National News, is dedicated to uncovering waste, injustice, incompetence and wrongdoing wherever it's found -- be it in government or the private sector.
		We want to hear from you, and will protect whistleblowers who help us expose waste and incompetence wherever it is found.
		Currently, Tomlinson is CTV's "Whistleblower," using her passion for investigative reporting to lead this news segment devoted to exposing wrongdoing, injustice, incompetence and waste inside and outside the government.
	www.ctv.ca /servlet/ArticleNews/show/CTVShows/1110906574959_106314997 (285 words)

	Questions about being a whistleblower
		The Whistleblower Policy is long and detailed and I want to properly file a whistleblower report.
		UC's Whistleblower Policy encourages employees to use the guidance provided in the policy to "blow the whistle" on "improper governmental activities," and provides a procedure for filing and addressing whistleblower complaints.
		A whistleblower is someone who discloses or tries to disclose information that may show a violation of law, economic waste, gross misconduct, gross incompetence, or gross inefficiency.
	ucwhistleblower.ucop.edu /faqa.html (1236 words)

	CFO Whistleblower Reinstated by Court - - CFO.com
		For a law governing financial fraud, the Sarbox whistleblower provision, Section 806, is unusually strong in terms of protecting an employee’s job, notes Dan Westman, a partner at Shaw Pittman, a law firm.
		Indeed, the Sarbox mandate of immediate reinstatement for the whistleblower resembles industry-specific labor laws aimed at protecting workers in the mining and nuclear-power sectors.
		Since the law was enacted in 2002, workers have filed 144 claims with the Department of Labor alleging that their employers retaliated against them for calling attention to financial mismanagement, the Associated Press reported.
	www.cfo.com /article.cfm/3690780/c_3691078?f=home_todayinfinance (670 words)

	Whistleblower
		The whistleblower provisions of the Sarbanes-Oxley Act of 2002 dramatically raise the stakes of even the most routine employment actions taken against employees of publicly traded companies who make complaints or provide information or assistance in certain qualified investigations.
		In this case of first impression, Orrick's attorneys successfully argued that the plaintiff's claims under the Sarbanes-Oxley Act were covered by an arbitration agreement between the plaintiff and his employer.
		In one of the first published decisions involving a whistleblower claim under the Act, the court rejected the plaintiff's argument that Sarbanes-Oxley whistleblower claims are exempt from mandatory arbitration and granted the firm's motion to compel arbitration.
	www.orrick.com /practices/employment/whistleBlower.asp (840 words)

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