Difference between revisions of "Whistleblower Protection Laws"

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As Section 1513(e) is a predicate offense under the '''Racketeer Influenced and Corrupt Organizations Act''' (RICO), there is a private right of action to remedy a violation of 1513(e).  Protected conduct includes reporting a possible criminal securities law violation to the SEC.  RICO is a potent remedy because it authorizes treble damages.  18 U.S.C. § 1964(c).
As Section 1513(e) is a predicate offense under the '''Racketeer Influenced and Corrupt Organizations Act''' (RICO), there is a private right of action to remedy a violation of 1513(e).  Protected conduct includes reporting a possible criminal securities law violation to the SEC.  RICO is a potent remedy because it authorizes treble damages.  18 U.S.C. § 1964(c).


In ''DeGuelle v. Camilli,'' 664 F.3d 192 (7th Cir. 2011), DeGuelle, a tax employee of S.C. Johnson & Son, Inc. (“SCJ”), was terminated after reporting an alleged tax scheme to his employer and federal agencies.  Over an eight year period beginning in 2001, DeGuelle relayed a series of concerns regarding SCJ tax practices to Daniel Wenzel, Global Tax Counsel of SCJ.  Wenzel directed DeGuelle to alter or destroy documents to avoid detection of a tax issue that DeGuelle brought to Wenzel also instructed DeGuelle and another employee to fabricate a business transaction in order to exploit accounting rules for the company’s benefit.  DeGuelle finally met with Camilli, Director of Human Resources, to discuss that Wenzel was creating a hostile work environment.  DeGuelle also spoke with Gayle Kosterman who informed DeGuelle that the company hired a law firm to investigate his tax fraud allegations and DeGuelle spoke with attorneys from the firm.
In ''DeGuelle v. Camilli,'' 664 F.3d 192 (7th Cir. 2011), DeGuelle, a tax employee of S.C. Johnson & Son, Inc. (“SCJ”), was terminated after reporting an alleged tax scheme to his employer and federal agencies.   
*Over an eight year period beginning in 2001, DeGuelle relayed a series of concerns regarding SCJ tax practices to Daniel Wenzel, Global Tax Counsel of SCJ.  Wenzel directed DeGuelle to alter or destroy documents to avoid detection of a tax issue that DeGuelle brought to Wenzel also instructed DeGuelle and another employee to fabricate a business transaction in order to exploit accounting rules for the company’s benefit.  DeGuelle finally met with Camilli, Director of Human Resources, to discuss that Wenzel was creating a hostile work environment.  DeGuelle also spoke with Gayle Kosterman who informed DeGuelle that the company hired a law firm to investigate his tax fraud allegations and DeGuelle spoke with attorneys from the firm.
*Wenzel told DeGuelle to keep his complaints about the tax department within the department, instead of taking them to human resources.  Wenzel made disparaging comments towards DeGuelle in front of other employees and acted aggressively towards him.  DeGuelle received a negative performance review, which was conducted off-cycle and at odds with the award he received earlier that year recognizing his stellar performance.
*Wenzel told DeGuelle to keep his complaints about the tax department within the department, instead of taking them to human resources.  Wenzel made disparaging comments towards DeGuelle in front of other employees and acted aggressively towards him.  DeGuelle received a negative performance review, which was conducted off-cycle and at odds with the award he received earlier that year recognizing his stellar performance.
*On September 10, 2008, DeGuelle and Camilli met again to discuss DeGuelle’s safety concerns relating to Wenzel’s behavior.  Later that month, DeGuelle and Wenzel had another verbal altercation and DeGuelle received a negative review from Wenzel.  DeGuelle spoke with Camilli alleging that the negative review was in retaliation for his whistleblowing, which she said she would investigate.   
*On September 10, 2008, DeGuelle and Camilli met again to discuss DeGuelle’s safety concerns relating to Wenzel’s behavior.  Later that month, DeGuelle and Wenzel had another verbal altercation and DeGuelle received a negative review from Wenzel.  DeGuelle spoke with Camilli alleging that the negative review was in retaliation for his whistleblowing, which she said she would investigate.