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Law 360 Quotes The Employment Law Group® Law Firm on the Prospects of Whistleblower Litigation under the Obama Administration

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In an article titled, “Whistleblowers May Do Better Under Obama Administration,” Law 360 reports that the Department of Labor (“DOL’) continues to side with employers in its investigation of whistleblower retaliation claims filed under the Sarbanes-Oxley Act (“SOX”).  Despite the discouraging statistics, Jason Zuckerman of The Employment Law Group® law firm has expressed optimism about the prospects of prevailing in whistleblower retaliation actions before DOL under the Obama Administration.  According to Zuckerman, “Merit findings will increase with President Barack Obama in office and Secretary of Labor Hilda Solis running the DOL.”  Zuckerman explained that as written, SOX is potent, but it has been narrowly construed, and the defense bar has been able to create loopholes Congress never contemplated and that “during the Bush administration, the DOL went out of its way to limit whistleblower protection laws, but now, the department will focus less on protecting employers and instead “enforce whistleblower protection laws as mandated by Congress.”  Recently, the DOL’s Administrative Review Board issued a landmark decision in favor of a SOX whistleblower in Kalkunte v. DVI Financial Services, Inc., a case litigated by The Employment Law Group® law firm.  For information on The Employment Law Group® law firm’s Whistleblower Practice, click here.

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