On February 21, 2018, the United States Surpreme Court ruled 9-0 in Digital Realty Trust v. Somers that whistleblowers cannot bring a claim under the Dodd Frank Act if they did not notify the Securities and Exchange Commission in writing. While this is considered a blow to protect whistleblowers, there are still three different ways for an New Jersey employee of a publicly traded company to vindicate their rights.
Employment Attorneys Serving Northern and Central New Jersey
In recent months, there has been a lot of publicity and public discussion about sexual harassment, abuse and misconduct. One thing that is clear is that it is still rampant throughout our economy and men like Bill O''Reilly and Harvey Weinstein had repeatedly acted badly throughout the years with their only punishment being that they paid their victims off to keep them quiet. The question is, should there be laws passed to ban confidentiality agreements when sex harassment cases are settled.
These days, it is very difficult to prove age discrimination under the federal Age Discrimination in Employment Act that was enacted by Congress in 1967. However, the NYT article is incorrect in terms of the legal standard to prove age discrimination under the federal law. When referring to the U.S.
The federal 3rd Circuit Court of Appeals in Philadelphia yesterday overturned the dismissal of an in-house patent lawyer's claim that he was fired because he refused to participate in conduct that would have violated the New Jersey Rules of Professional Conduct governing attorneys and the rules of the United States Patent and Trademark Office. In that case, a French beauty company required patent in-house counsel to satisfy a quota of patent applications which if not met, would result in termination. Plaintiff objected that he could not submit applications that did not have a
The New York Times just published an article on how GoDaddy is trying to eliminate sexism in the workplace. This is the same company whose advertising was notoriously salacious and degrading to women. With the hiring of CEO Blake Irving, the company has engaged in a campaign that looks at everything including criteria for performance evaluations that disfavor women to changing job descriptions that favored implicit male aggression. To see what GoDaddy is doing, first click on the title of this blog and then click on the word,
The Third Circuit Court of Appeals (covering New Jersey, Pennsylvania, Delaware and the Virgin Islands) ruled last week that a supervisor's use of the "n" word while threatening to fire African American employees is sufficient to allow a lawsuit to proceed under federal civil rights statutes. The appellate decision reversed the trial court's dismissal of the case and stated that the district court relied on the wrong legal standard when doing so. Click on the decision to see why th
In 2010, Congress passed the Dodd Frank Act which in part was designed to expand legal protection to whistleblowing employees of publicly traded companies who disclose, object to or refuse to participate in conduct that violates federal securities laws. On June 26, 2017, the United States Supreme Court agreed to hear an appeal from the 9th Circuit Court of Appeals in San Francisco to decide whether the Dodd Frank Act protects a whistleblowing employee who objects to federal securities laws violations to company management but not to the Securities and Exchange Commission (SEC).
So far, it appears the the EEOC during the Trump Presidency will emphasize enforcing the federal Age Discrimination in Employment Act which prohbits age discrimination against employees over 40 years old. See, Age Discrimination Next Up on EEOC’s Radar – Workforce Magazine. Hopefully, this is not just window dressing but real action. Studies by labor economists and the Federal Reserve Bank in San Francisco have found that older job candidates, and in
The attorneys at Green Savits have handled many whistleblower cases on behalf of police officers, doctors, corporate senior management, sales employees and others. So when we observed the firing of FBI Director James Comey, we immediately recognized the classic elements of whistleblower cases being played out on the national stage. The Comey firing is instructive on how whistleblower cases are proven.
As Baby Boomers age, their employment becomes more precarious. What makes this even tougher for Boomers are their finances after paying exorbitant college tuition bills for their children (for those that can even afford it) and and less than optimal savings. Accordingly, Boomers must work longer to have a decent semblance of retirement.