An Examination Of The Retaliation Process Against Whistleblowers

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An Examination of the Retaliation Process Against Whistleblowers

Author : Michael T. Rehg
Publisher :
ISBN 13 :
Total Pages : 340 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis An Examination of the Retaliation Process Against Whistleblowers by : Michael T. Rehg

Download or read book An Examination of the Retaliation Process Against Whistleblowers written by Michael T. Rehg and published by . This book was released on 1998 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite federal legislation protecting whistle-blowers, surveys of federal employees have shown an increasing trend in retaliation against whistle- blowers. Past research has shown that employees who did not get the support of supervisors and management and who reported wrongdoing to external channels were especially likely to suffer retaliation. Three surveys conducted by the United States Merit Systems Protection Board of thousands of federal government employees were used to examine whistle-blowing and retaliation trends across time, and to establish a baseline of significant predictor variables of retaliation in general. Then, retaliation was examined in more detail, dividing it into formal and informal responses organizations take against whistle-blowers to determine if different predictors and effects were associated with each type of retaliation. These categories reflect the social and bureaucratic means of control that are present in organizations. Significant changes from 1980 to 1992 included a decrease in the observance of wrongdoing, an increase in the amount of whistle-blowing, a decrease in the amount of identified whistle-blowing and an increase in the amount of retaliation against identified whistle-blowers. Supervisor lack of support and management lack of support were consistently related to an increase in the amount of retaliation suffered by identified whistle-blowers. Somewhat different results were evident when retaliation was split into informal and formal types. Informal retaliation was associated with both coworker lack of support and management lack of support, while formal retaliation was associated with management lack of support and most recent performance appraisal.

Whistle-Blowing in Organizations

Author : Marcia P. Miceli
Publisher : Psychology Press
ISBN 13 : 113667571X
Total Pages : 264 pages
Book Rating : 4.1/5 (366 download)

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Book Synopsis Whistle-Blowing in Organizations by : Marcia P. Miceli

Download or read book Whistle-Blowing in Organizations written by Marcia P. Miceli and published by Psychology Press. This book was released on 2008-04-03 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a research-based book on whistle-blowing in organizations. The three noted authors describe studies on this important topic and the implications of the research and theory for organizational behavior, managerial practice, and public policy. In the past few years there have been critical developments, including corporate scandals, which

Questions & Answers about Appeals

Author : United States. Merit Systems Protection Board
Publisher :
ISBN 13 :
Total Pages : 28 pages
Book Rating : 4.:/5 (3 download)

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Book Synopsis Questions & Answers about Appeals by : United States. Merit Systems Protection Board

Download or read book Questions & Answers about Appeals written by United States. Merit Systems Protection Board and published by . This book was released on 1989 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Psychosocial Impacts of Whistleblower Retaliation

Author : Jacqueline Garrick
Publisher : Springer Nature
ISBN 13 : 3031190556
Total Pages : 235 pages
Book Rating : 4.0/5 (311 download)

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Book Synopsis The Psychosocial Impacts of Whistleblower Retaliation by : Jacqueline Garrick

Download or read book The Psychosocial Impacts of Whistleblower Retaliation written by Jacqueline Garrick and published by Springer Nature. This book was released on 2022-12-12 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the harms related to whistleblower retaliation, its psychosocial impacts on employees, and the institutional dysfunction it creates and perpetuates. Stigma and biases against whistleblowers interfere with their ability to make protected disclosures when harm to others is at stake. Retaliatory toxic tactics create an atmosphere and corporate culture that embodies fear and encourages bystander behavior. In this book, the authors explore psychosocial impacts across domains that include financial, legal, social, physical, and emotional well-being. Ten of the 14 chapters specifically examine the toxic tactics of retaliation: gaslighting, mobbing, marginalizing, shunning, devaluing, double-binding, career blocking, counter-accusing, bullying, and doxxing. These toxic tactics are the building blocks of workplace traumatic stress (WTS) and can lead to posttraumatic stress disorder (PTSD), depression, substance abuse, and suicide. WTS is a term that differentiates between workplace violence or job stress, which can be components of WTS but do not fully describe the systemic hostile work environment that targets an employee. Understanding WTS and how it disrupts identity, causes moral injury, and shatters world views are important aspects for clinicians treating clients who are victims of this kind of hostile work environment. The Psychosocial Impacts of Whistleblower Retaliation is a useful resource offering a new way for social workers, mental health providers, advocates, and other support services professionals and practitioners to assist whistleblowers. It helps clinicians understand how to view patients suffering from whistleblower retaliation and gives them a lexicon for forensic evaluations. Lawyers, especially those specializing in employment, labor, and Qui Tam cases, also could benefit from having a means to describe the psychosocial impacts of retaliation and WTS on their clients when filing for compensatory damages for pain and suffering during judicial proceedings. Finally, the book could appeal to employees and managers, human resources professionals, victim rights advocates, elected officials, media personnel, and other professionals who are interested in learning more about whistleblower retaliation and its psychosocial and cultural implications.

Whistleblowing & Retaliation

Author :
Publisher :
ISBN 13 : 9781522114420
Total Pages : pages
Book Rating : 4.1/5 (144 download)

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Book Synopsis Whistleblowing & Retaliation by :

Download or read book Whistleblowing & Retaliation written by and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by Edward T. Ellis, Gregory C. Keating and the Attorneys of Littler's Whistleblowing and Corporate Ethics Practice Group.Highlights of developments covered by the Sixth Edition include:NEW expanded chapters on federal whistleblower protections under the False Claims Act, OSHA, ACA and other actsComprehensive update of significant legislation, case law and agency decisions since December 2015, including:Deep analysis on the protections given to employees at the state level across the United StatesDramatic developments under the Sarbanes-Oxley Act, including the implications of civil provisions of section 806 of SOX, and the remedial scheme implemented to enforce itDevelopments in hot topic areas like The "Stepping Out of the Role" defense, cybersecurity and retaliatory acts outside the employment contextDevelopments in the extraterritorial application of SOX and Dodd-Frank, and new legislation regarding whistleblower protections and data privacy outside the U.S.

Whistleblower Protection

Author : United States Government Accountability
Publisher : CreateSpace
ISBN 13 : 9781512291001
Total Pages : 68 pages
Book Rating : 4.2/5 (91 download)

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Book Synopsis Whistleblower Protection by : United States Government Accountability

Download or read book Whistleblower Protection written by United States Government Accountability and published by CreateSpace. This book was released on 2015-05-27 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whistleblowers help safeguard the federal government against waste, fraud, and abuse-however, they also risk retaliation by their employers. For example, in 2002, a former FBI agent alleged she suffered retaliation after disclosing that colleagues had stolen items from Ground Zero following the September 11, 2001, terrorist attacks. DOJ found in her favor over 10 years after she reported the retaliation. GAO was asked to review DOJ's process for handling such complaints. GAO examined (1) the time DOJ took to resolve FBI whistleblower retaliation complaints, (2) the extent to which DOJ took steps to resolve complaints more quickly, and (3) the extent to which DOJ complied with certain regulatory reporting requirements. GAO reviewed all DOJ case files for FBI whistleblower retaliation complaints DOJ closed from 2009 to 2013, and interviewed whistleblower attorneys, advocates, and government officials about the complaint process. The interview results are not generalizable.

Whistleblowing

Author : Daniel P. Westman
Publisher : BNA Books (Bureau of National Affairs)
ISBN 13 : 9781570184772
Total Pages : 0 pages
Book Rating : 4.1/5 (847 download)

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Book Synopsis Whistleblowing by : Daniel P. Westman

Download or read book Whistleblowing written by Daniel P. Westman and published by BNA Books (Bureau of National Affairs). This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Sarbanes-Oxley Act of 2002 instituted new civil and criminal protections for whistleblowers and, according to Westman (Shaw Pittman Morrison & Foerster LLP) and Modesitt (Washington College of Law, American U.), is a significant departure from the prior pattern of whistleblower laws in its expansion of the subject matter of protected disclosures and its emphasis on the "undersight" usefulness of whistleblowing, prompting this new edition of Whistleblowing. They therefore discuss the statutes, regulations, national stock exchange rules, and case law arising from the act separately from their examination of the historical evolution of whistleblower laws. The latter material, while updated, is presented with unchanged organization, covering key issues for advocates and advisors, the legal and regulatory structure, and strategies for litigation and avoiding litigation. Annotation: 2004 Book News, Inc., Portland, OR (booknews.com).

Whistleblower Protection, Additional Actions Needed to Improve Doj's Handling of FBI Retaliation Complaints

Author : Government Accountability Office
Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781973975946
Total Pages : 72 pages
Book Rating : 4.9/5 (759 download)

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Book Synopsis Whistleblower Protection, Additional Actions Needed to Improve Doj's Handling of FBI Retaliation Complaints by : Government Accountability Office

Download or read book Whistleblower Protection, Additional Actions Needed to Improve Doj's Handling of FBI Retaliation Complaints written by Government Accountability Office and published by Createspace Independent Publishing Platform. This book was released on 2017-07-28 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: " Whistleblowers help safeguard the federal government against waste, fraud, and abuse-however, they also risk retaliation by their employers. For example, in 2002, a former FBI agent alleged she suffered retaliation after disclosing that colleagues had stolen items from Ground Zero following the September 11, 2001, terrorist attacks. DOJ found in her favor over 10 years after she reported the retaliation. GAO was asked to review DOJ's process for handling such complaints. GAO examined (1) the time DOJ took to resolve FBI whistleblower retaliation complaints, (2) the extent to which DOJ took steps to resolve complaints more quickly, and (3) the extent to which DOJ complied with certain regulatory reporting requirements. GAO reviewed all DOJ case files for FBI whistleblower retaliation complaints DOJ closed from 2009 to 2013, and interviewed whistleblower attorneys, advocates, and government officials about the complaint process. The interview results are not generalizable. "

Concepts and Procedures in Whistleblower Law

Author : Stephen Kohn
Publisher : Bloomsbury Publishing USA
ISBN 13 : 0313096147
Total Pages : 542 pages
Book Rating : 4.3/5 (13 download)

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Book Synopsis Concepts and Procedures in Whistleblower Law by : Stephen Kohn

Download or read book Concepts and Procedures in Whistleblower Law written by Stephen Kohn and published by Bloomsbury Publishing USA. This book was released on 2000-10-30 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: Litigator, teacher, and scholar Stephen Kohn presents a comprehensive, unified examination of the 35 federal laws that protect whistleblowers and their rights, plus the common law protections available in each of the 50 states. For the first time in one easily accessed volume, readers will find the basic principles upon which all whistleblower law is premised. Mr. Kohn lays out the basic legal principles applicable to almost every whistleblower case, such as the scope of protected activity and who qualifies for protection. He shows what constitutes discriminatory conduct, what type of evidence demonstrates that improper retaliation occurred, the burdens of proof on both the employee and employer, how to calculate damages and attorney fees, common settlement and fundamental procedural issues, and much more, all in meticulously documented detail and a readable, engaging style. Built upon Mr. Kohn's extensive practical experience and his scholarly research and teaching, not only is the book an essential resource for study and analysis of whistleblowing issues, but it is also a step-by-step guide for conceptualizing and litigating them. Attorneys with specialties in a wide range of fields involving whistleblower law and related policy issues will find a thoughtful, comprehensive examination, and an immediately applicable courtroom aid. It will also be important for human resource executives, labor union officers and attorneys, government contractors, and recipients of government grants, university and government libraries, federal agency executives and specialists, public interest and good government organizations—and many others who have become fascinated by this relatively new, but long-time coming, branch of the law, how it developed, and how it is being applied today.

Whistleblower's Handbook

Author : Stephen M. Kohn
Publisher : Rowman & Littlefield
ISBN 13 : 0762774797
Total Pages : 355 pages
Book Rating : 4.7/5 (627 download)

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Book Synopsis Whistleblower's Handbook by : Stephen M. Kohn

Download or read book Whistleblower's Handbook written by Stephen M. Kohn and published by Rowman & Littlefield. This book was released on 2011-03-01 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: UPDATED IN MARCH 2013 to include the historic $104-million Bradley Birkenfeld whistleblower case and more! From the nation’s leading whistleblower attorney, comes the third edition of the first-ever consumer guide to whistleblowing. In The Whistleblower’s Handbook, Stephen Martin Kohn explains nearly all federal and state laws regarding whistleblowing. In the step-by-step bulk of the book, he also presents twenty-one rules for whistleblowers.

Whistleblower Protection

Author : David C. Maurer
Publisher :
ISBN 13 : 9781457867057
Total Pages : 72 pages
Book Rating : 4.8/5 (67 download)

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Book Synopsis Whistleblower Protection by : David C. Maurer

Download or read book Whistleblower Protection written by David C. Maurer and published by . This book was released on 2015-04-03 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whistleblowers help safeguard the federal government against waste, fraud, and abuse, but they also risk retaliation by their employers. For example, in 2002, a former FBI agent alleged she suffered retaliation after disclosing that colleagues had stolen items from Ground Zero following the September 11, 2001, terrorist attacks. The Department of Justice (DOJ) found in her favor over 10 years after she reported the retaliation. This report reviewed DOJ's process for handling such complaints. It examined (1) the time DOJ took to resolve FBI whistleblower retaliation complaints; (2) the extent to which DOJ took steps to resolve complaints more quickly; and (3) the extent to which DOJ complied with certain regulatory reporting requirements. Tables and figures. This is a print on demand report.

Why Whistleblowers Lose

Author : Nancy M. Modesitt
Publisher :
ISBN 13 :
Total Pages : 30 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Why Whistleblowers Lose by : Nancy M. Modesitt

Download or read book Why Whistleblowers Lose written by Nancy M. Modesitt and published by . This book was released on 2014 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Article was originally intended to be an analysis of the propriety, or impropriety, of the doctrines most commonly used by courts to decide employees' whistleblowing retaliation claims against employers. However, upon conducting initial research, it quickly became apparent that there was very little data available on whistleblowing cases. Unlike employment discrimination cases, where several empirical studies have been conducted, there is only one empirical analysis of whistleblower claims, which focused solely on outcomes in the federal administrative process for claims brought under the Sarbanes-Oxley Act (SOX). That study revealed that whistleblowers fare poorly for a number of reasons, but many of the reasons suggested by the author appear to be unique to SOX plaintiffs. This Article studies the success rates of whistleblowers suing under state law, as different a context as possible from SOX, and identifies common reasons whistleblower claims fail in these cases.

Whistleblower Protection and Retaliation Issues at the FBI

Author : Evelyn Brooks
Publisher :
ISBN 13 : 9781634831482
Total Pages : 170 pages
Book Rating : 4.8/5 (314 download)

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Book Synopsis Whistleblower Protection and Retaliation Issues at the FBI by : Evelyn Brooks

Download or read book Whistleblower Protection and Retaliation Issues at the FBI written by Evelyn Brooks and published by . This book was released on 2015 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whistleblowers help safeguard the federal government against waste, fraud, and abuse -- however, they also risk retaliation by their employers. For example, in 2002, a former FBI agent allegedly suffered retaliation after disclosing that colleagues had stolen items from Ground Zero following the September 11, 2001, terrorist attacks. The Department of Justice (DOJ) found in her favor over 10 years after she reported the retaliation. The Government Accountability Office (GAO) reviewed DOJ's process for handling such complaints and in this book examines the time DOJ took to resolve FBI whistleblower retaliation complaints; the extent to which DOJ took steps to resolve complaints more quickly; and the extent to which DOJ complied with certain regulatory reporting requirements. Furthermore, in the context of the Intelligence Community (IC), whistleblowers are generally employees or contractors of federal intelligence agencies who bring to light information on agency wrongdoings. The threat of retaliation may deter potential whistleblowers from disclosing information on agency wrongdoing. There is seemingly tension between the desire to eliminate this deterrence, and thus encourage whistleblowers to bring agency misconduct to light, and the need to protect government secrets which, if disclosed publicly, could be harmful to the country's national security interests. This book concludes with a discussion on three sources of IC whistleblower protection against retaliation.

Examining the Administration's Treatment of Whistleblowers

Author : Blake Farenthold
Publisher : CreateSpace
ISBN 13 : 9781508519478
Total Pages : 80 pages
Book Rating : 4.5/5 (194 download)

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Book Synopsis Examining the Administration's Treatment of Whistleblowers by : Blake Farenthold

Download or read book Examining the Administration's Treatment of Whistleblowers written by Blake Farenthold and published by CreateSpace. This book was released on 2015-02-19 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most important functions of the Oversight Committee is to help expose waste, fraud, and abuse within the Federal bureaucracy, and to help reform broken institutions and policies in order to ensure taxpayers that they have a government that works for them. Whistleblowers are an invaluable asset in helping us achieve this important goal. Those who expose waste, fraud, and abuse from the inside sometimes only receive retaliation as their award. Today's hearing will examine how whistleblower protection laws are often ignored or manipulated. The result is that those in a position to shine light on illegal behavior stay in the shadows for fear of retribution. Congress must do everything in its power to help protect well-intentioned individuals who help Congress and the public know when improper behavior occurs within the Federal bureaucracy.

The Public Wrong of Whistleblower Retaliation

Author : David Y. Kwok
Publisher :
ISBN 13 :
Total Pages : 45 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis The Public Wrong of Whistleblower Retaliation by : David Y. Kwok

Download or read book The Public Wrong of Whistleblower Retaliation written by David Y. Kwok and published by . This book was released on 2018 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt: When employers retaliate against whistleblowers, courts and agencies often treat the retaliation as a private employment dispute best resolved by the whistleblower and employer. This cramped view of retaliation disregards Congress's contrary perspective of whistleblower retaliation as a public wrong requiring public attention. A survey of disparate Congressional enforcement mechanisms in whistleblower retaliation reveals common ground in a public mandate to investigate retaliation allegations. As limited resources constrain public investigation of every allegation, this Article proposes legislative and enforcement strategies that affirm the government's leadership role in addressing the public wrong of whistleblower retaliation.

Whistleblowing in the World

Author : Carmen R. Apaza
Publisher : Springer
ISBN 13 : 3319484818
Total Pages : 96 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis Whistleblowing in the World by : Carmen R. Apaza

Download or read book Whistleblowing in the World written by Carmen R. Apaza and published by Springer. This book was released on 2017-03-27 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deploys an original comparative framework, as well as archival and pattern-matching research methodologies, to analyze whistleblowing cases from Peru, South Korea, Thailand and the United States of America and to ascertain factors that make for effective whistleblowing. After examining the cases, the study concludes that external whistleblowing, extensive mass media coverage, and strong evidence are essential components of effective whistleblowing. When there is a lack of proper legal protection, whistleblowers experience brutal retaliation, even though their actions are successful in stopping wrongdoing and promoting change in the public sector.

Whistleblowers Need Not Apply

Author : Leora F. Eisenstadt
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Whistleblowers Need Not Apply by : Leora F. Eisenstadt

Download or read book Whistleblowers Need Not Apply written by Leora F. Eisenstadt and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whistleblowers are severely disadvantaged when they apply for jobs. Many whistleblowers experience retaliation twofold--once, at their place of employment after they initially blow the whistle, and, second, on the job market for any subsequent employment. This negative trail follows whistleblowers, labeling them as disloyal, suspicious, and, ultimately, not ideal employees and, thus, unable to find work. Current federal law largely ignores this problem, and protections for job applicants with whistleblowing histories have been severely lacking in some of the most prominent whistleblowing statutes. This Article is the first to examine this glaring lack of legal protections as it pertains specifically to whistleblower job applicants by undergoing a comparative analysis of the retaliation protections available in a number of federal statutes and suggesting statutory reform based on that analysis. Specifically, this Article draws comparisons between civil rights statutes, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act, which each provide expansive protections for job applicants, and the most prominent current federal whistleblowing statutes, the Sarbanes-Oxley Act, the Dodd-Frank Act, and the False Claims Act, which lack these protections. "Whistleblowers Need Not Apply" concludes by recommending amendments to these federal whistleblowing statutes, arguing for specific retaliation protections and redress for whistleblowers who are denied a chance to work again because of their past revelations.