Whistleblower Law Blog

ARB Rules that Attorney Fee Award Need Not be Proportional to Damages Award

The Department of Labor’s Administrative Review Board (“ARB”) has affirmed an Administrative Law Judge’s decision to award a whistleblower nearly $70,000 in attorney fees and costs in a case where the whistleblower recovered $50,000 in back pay and compensatory damages.  In Collins v. Village of Lynchburg, Ohio, the Village argued that the Board should reverse the fee award of nearly $70,000 “[b]ecause the amount of the award is so large in comparison to the actual loss to [the] Complainant.”  The ARB expressly rejected this argument, concluding that “the fee in [a] whistleblower case need not be proportional to the recovery for the Complainant.”  For information on The Employment Law Group® law firm’s Whistleblower Practice, click here.

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