Whistleblower claims have been on the rise since Sarbanes-Oxley greatly expanded employee protection, and are expected to trend higher under an Obama administration committed to increased regulatory enforcement. The Supreme Court’s Burlington Northern decision, which significantly expanded the definition of “adverse action,” and the Fourth Circuit’s recent decision in Stone v. Instrumentation Laboratory Co., which confirmed a plaintiff’s right to opt out of a DOL proceeding in favor of bringing a whistleblower claim in federal court, further aid plaintiffs pursuing retaliation claims.
From its roots helping nuclear industry clients address whistleblower allegations, Pillsbury’s whistleblower practice has expanded to an interdisciplinary team of lawyers and to include clients in industries as diverse as aviation, construction, health care, technology, education, communications, financial services and insurance.
Our capabilities include:
- Representing clients before regulatory agencies
- Resolving whistleblower charges when first filed with OSHA
- Defending discrimination complaints before DOL, DOJ, and state and federal courts
- Leading independent investigations into whistleblower allegations and the underlying technical or safety issue
- Resolving complaints through mediation
- Developing strategies to recover a work group after the resolution of a whistleblower dispute