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Litigator, teacher, and scholar Stephen Kohn presents a comprehensive, unified examination of the 35 federal laws that protect whistleblowers and their rights, plus the common law protections available in each of the 50 states. For the first time in one easily accessed volume, readers will find the basic principles upon which all whistleblower law is premised. Mr. Kohn lays out the basic legal principles applicable to almost every whistleblower case, such as the scope of protected activity and who qualifies for protection. He shows what constitutes discriminatory conduct, what type of evidence demonstrates that improper retaliation occurred, the burdens of proof on both the employee and employer, how to calculate damages and attorney fees, common settlement and fundamental procedural issues, and much more, all in meticulously documented detail and a readable, engaging style.
Built upon Mr. Kohn's extensive practical experience and his scholarly research and teaching, not only is the book an essential resource for study and analysis of whistleblowing issues, but it is also a step-by-step guide for conceptualizing and litigating them. Attorneys with specialties in a wide range of fields involving whistleblower law and related policy issues will find a thoughtful, comprehensive examination, and an immediately applicable courtroom aid. It will also be important for human resource executives, labor union officers and attorneys, government contractors, and recipients of government grants, university and government libraries, federal agency executives and specialists, public interest and good government organizations—and many others who have become fascinated by this relatively new, but long-time coming, branch of the law, how it developed, and how it is being applied today.
|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|