Authors: Stephen M. Kohn
ISBN-13: 9781567203547, ISBN-10: 156720354X
Format: Hardcover
Publisher: Greenwood Publishing Group, Incorporated
Date Published: October 2000
Edition: (Non-applicable)
STEPHEN M. KOHN is a partner in the Washington, D.C., law firm of Kohn, Kohn & Colapinto, LLP, and Chairperson of the Board of Directors of the National Whistleblower Center. He is the former Director of Corporate Litigation for the Government Accountability Project. Nationally recognized for his scholarship and litigation on behalf of whistleblowers, Kohn in 1985 authored the first legal text on whistleblower law. He is the author of Concepts and Procedures in Whistleblower Law (Quorum, 2000).
Examines the 35 federal laws that protect whistleblowers and their rights, plus the common law protections available in each of the 50 states, and a practical guide to conceptualizing and litigating whistleblower cases.
Kohn, a lawyer and chairperson of the Board of Directors of the National Whistleblower Center, offers a unified examination of the 35 federal laws that protect whistleblowers and their rights, plus the common law protections available in each state. He lays out basic legal principles applicable to almost every whistleblower case, and shows what constitutes discriminatory conduct, what type of evidence demonstrates that improper retaliation occurred, and how to calculate damages and attorney fees. He also discusses the burdens of proof on both the employee and employer, and common settlement and procedural issues. Annotation c. Book News, Inc., Portland, OR (booknews.com)
Abbreviations | ix | |
Acknowledgments | xi | |
1. | Overview of a Whistleblower Claim: A Step-by-Step Approach | 1 |
2. | Whistleblower Protection under the Common Law: A State-by-State Review | 21 |
3. | Federal Statutory Protection for Whistleblowers | 79 |
4. | Whistleblower Protection under the First Amendment and the Civil Rights Act of 1871 | 119 |
5. | Environmental and Nuclear Whistleblowing | 141 |
6. | The False Claims Act: Qui Tam Provisions and Whistleblower Protection | 203 |
7. | OSHA and Workplace Safety Whistleblowing | 225 |
8. | Legal Principles in Whistleblower Law | 237 |
9. | Damages, Remedies, and Attorney Fees | 329 |
10. | Settlement Agreements and Hush Money | 369 |
11. | The Future of Whistleblower Protection: A Model Law | 377 |
Appendixes | 399 | |
Bibliography | 487 | |
Index | 515 |