Difference between revisions of "Whistleblower Protection Laws"

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==='''Compensatory Damages in Whistleblower Retaliation Cases'''===
==='''Compensatory Damages in Whistleblower Retaliation Cases'''===


The SOX whistleblower protection law and similar corporate whistleblower protection laws authorize the award of not only economic damages, but also “special damages” which includes damages for '''emotional distress, mental anguish, humiliation and injury to reputation.'''  ''See, e.g., Lockheed Martin Corp. v. Admin. Rev. Bd., 717'' F.3d 1121, 1138 (10th Cir. 2013) (upholding an award of “noneconomic compensatory damages” for “emotional pain and suffering, mental anguish, and humiliation”).  As a federal judge held in ''Hanna v. WCI Communities, Inc.,'' 348 F.Supp.2d 1332 (S.D.Fla.2004), a [https://www.zuckermanlaw.com/legal-services/sarbanes-oxley-whistleblower/ SOX whistleblower case], “[w]hen reputational injury caused by an employer’s unlawful discrimination diminishes a plaintiff’s future earnings capacity, [he] cannot be made whole without compensation for the lost future earnings [he] would have received absent the employer’s unlawful activity.”
The [https://www.zuckermanlaw.com/legal-services/whistleblower-retaliation-and-whistleblower-protection-lawyers/ SOX whistleblower protection law] and similar [https://www.zuckermanlaw.com/legal-services/whistleblower-retaliation-and-whistleblower-protection-lawyers/ corporate whistleblower protection laws] authorize the award of not only economic damages, but also “special damages” which includes damages for '''emotional distress, mental anguish, humiliation and injury to reputation.'''  ''See, e.g., Lockheed Martin Corp. v. Admin. Rev. Bd., 717'' F.3d 1121, 1138 (10th Cir. 2013) (upholding an award of “noneconomic compensatory damages” for “emotional pain and suffering, mental anguish, and humiliation”).  As a federal judge held in ''Hanna v. WCI Communities, Inc.,'' 348 F.Supp.2d 1332 (S.D.Fla.2004), a [https://www.zuckermanlaw.com/legal-services/sarbanes-oxley-whistleblower/ SOX whistleblower case], “[w]hen reputational injury caused by an employer’s unlawful discrimination diminishes a plaintiff’s future earnings capacity, [he] cannot be made whole without compensation for the lost future earnings [he] would have received absent the employer’s unlawful activity.”


“[A] plaintiff’s testimony, standing alone, can support an award of compensatory damages, [but] the evidence of the emotional distress must be demonstrable, genuine, and adequately explained.”  ''Price v. City of Charlotte, N.C.,'' 93 F.3d 1241, 1251-52 (4th Cir. 1996).  The whistleblower’s testimony “must indicate with specificity how the plaintiff’s alleged distress manifested itself.” ''Bryant v. Aiken Reg’l Med. Ctrs.,'' 333 F.3d 536, 547 (4th Cir. 2003) (internal quotation marks and alterations omitted).
“[A] plaintiff’s testimony, standing alone, can support an award of compensatory damages, [but] the evidence of the emotional distress must be demonstrable, genuine, and adequately explained.”  ''Price v. City of Charlotte, N.C.,'' 93 F.3d 1241, 1251-52 (4th Cir. 1996).  The whistleblower’s testimony “must indicate with specificity how the plaintiff’s alleged distress manifested itself.” ''Bryant v. Aiken Reg’l Med. Ctrs.,'' 333 F.3d 536, 547 (4th Cir. 2003) (internal quotation marks and alterations omitted).