Difference between revisions of "Whistleblower Protection Laws"

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==='''Back Pay in Whistleblower Retaliation Cases'''===
==='''Back Pay in Whistleblower Retaliation Cases'''===
Back pay is compensation for lost wages and benefits that the whistleblower would have earned absent the adverse employment action, offset by interim earnings.  A back pay award may include all promotions and salary increases the complainant would have received in the absence of retaliation.  See, e.g., Welch v. Cardinal Bankshares Corp., 2003-SOX-15, at 17 (ALJ Feb. 15, 2005) (holding that a prevailing complainant “is entitled to all promotions and salary increases that he would have obtained but for the illegal discharge”) rev’d on other grounds, 536 F.3d 269 (4th Cir. 2008). The value of stock options is recoverable in SOX whistleblower cases.  Hagman v. Washington Mutual Bank, Inc., 2005-SOX-73, 2006 WL 6105301, *32 (Dec. 19, 2006).   
Back pay is compensation for lost wages and benefits that the whistleblower would have earned absent the adverse employment action, offset by interim earnings.  A back pay award may include all promotions and salary increases the complainant would have received in the absence of retaliation.  ''See, e.g., Welch v. Cardinal Bankshares Corp.,'' 2003-SOX-15, at 17 (ALJ Feb. 15, 2005) (holding that a prevailing complainant “is entitled to all promotions and salary increases that he would have obtained but for the illegal discharge”) ''rev’d on other grounds,'' 536 F.3d 269 (4th Cir. 2008). The value of stock options is recoverable in [https://www.zuckermanlaw.com/legal-services/sarbanes-oxley-whistleblower/ SOX whistleblower cases]''Hagman'' v. Washington Mutual Bank, Inc., 2005-SOX-73, 2006 WL 6105301, *32 (Dec. 19, 2006).   


In addition to back pay, a prevailing whistleblower is entitled to prejudgment interest under certain whistleblower protection laws.  Prejudgment interest accrues from the time of the whistleblower’s termination to the time that the court entered judgment.
In addition to back pay, a prevailing whistleblower is entitled to prejudgment interest under certain [https://www.zuckermanlaw.com/legal-services/whistleblower-retaliation-and-whistleblower-protection-lawyers/ whistleblower protection laws].  Prejudgment interest accrues from the time of the whistleblower’s termination to the time that the court entered judgment.


Under the False Claims Act whistleblower protection law and Dodd-Frank anti-retaliation provision, a prevailing whistleblower is entitled to recover double back pay.  In Mooney v. Americare, the court held that back pay is doubled before the court offsets the value of interim earnings (also known as mitigation).
Under the [https://www.zuckermanlaw.com/false-claims-act-whistleblower-retaliation-lawyer/ False Claims Act whistleblower protection law] and [https://www.zuckermanlaw.com/sec-whistleblower-retaliation-tools-to-combat-retaliation-and-protect-sec-whistleblowers/ Dodd-Frank anti-retaliation provision], a prevailing whistleblower is entitled to recover double back pay.  In ''Mooney v. Americare'', the court held that back pay is doubled ''before'' the court offsets the value of interim earnings (also known as mitigation).


Back pay can also include contracted severance pay to which he would be entitled in the event of discharge without cause when reinstatement was not appropriate. See Loftus v. Horizon Lines, Inc., ARB No. 16-082, ALJ No. 2014-SPA-004 (ARB May 24, 2018).
Back pay can also include contracted severance pay to which he would be entitled in the event of discharge without cause when reinstatement was not appropriate. ''See Loftus v. Horizon Lines,'' Inc., ARB No. 16-082, ALJ No. 2014-SPA-004 (ARB May 24, 2018).


==='''Front Pay in Lieu of Reinstatement in Whistleblower Retaliation Cases'''===
==='''Front Pay in Lieu of Reinstatement in Whistleblower Retaliation Cases'''===
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