Concepts And Procedures In Whistleblower Law

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Overview

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.

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Editorial Reviews

Booknews
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)
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Product Details

  • ISBN-13: 9781567203547
  • Publisher: ABC-Clio, LLC
  • Publication date: 10/30/2000
  • Pages: 542
  • Product dimensions: 6.14 (w) x 9.21 (h) x 1.19 (d)

Meet the Author

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).

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Table of Contents

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
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