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From America's leading whistleblower's attorney—the THIRD, UPDATED edition of his layman's guide to the legal do's and don'ts of exposing workplace wrongdoing Do you suspect that your employer is skirting safety or environmental rules, cheating on taxes, violating government contracts, committing financial fraud, or breaking the law? That your boss is a crook? Welcome to the ranks of the close to 50 percent of American workers who have witnessed fraud or misconduct at work—about half of whom take initial steps to...
From America's leading whistleblower's attorney—the THIRD, UPDATED edition of his layman's guide to the legal do's and don'ts of exposing workplace wrongdoing Do you suspect that your employer is skirting safety or environmental rules, cheating on taxes, violating government contracts, committing financial fraud, or breaking the law? That your boss is a crook? Welcome to the ranks of the close to 50 percent of American workers who have witnessed fraud or misconduct at work—about half of whom take initial steps to "do the right thing" by reporting it. Few get far. Despite a revolutionary spate of laws in recent years that not only protect whistleblowers but also provide for large monetary rewards, the legislative labyrinth remains daunting. All too often this means silence, lost court cases, damaged careers, and a failure to effect real change.Now, updated in March 2013 to include the historic $104-million Bradley Birkenfeld whistleblower case and more, comes the third edition of the first-ever consumer guide to whistleblowing by the nation's leading whistleblower attorney. In The Whistleblower's Handbook, Stephen Martin Kohn explains nearly all federal and state laws regarding whistleblowing. In the step-by-step bulk of the book, he also presents twenty-one rules for whistleblowers—from finding the best federal and state laws to knowing your way around the far-reaching Dodd-Frank Wall Street Reform and Consumer Protection Act of 2009, and from the dangers of blindly trusting internal corporate "hotlines" to obtaining the proof you need to win the case. Also included are six easy-reference checklists on whistleblower reward laws and other legislation.
Preface: What to Do if the Boss Is a Crook v
Introduction: Tough Questions Facing Every American Worker xi
Rule 1 Understand the Maze 1
Rule 2 Follow the Money 5
Rule 3 Yes, You Are a "Whistleblower," 17
Rule 4 Find the Best Federal Law 27
Rule 5 Don't Forget State Laws 57
Rule 6 Ask the Most Important Question: Is the Taxpayer on the Hook? 63
Rule 7 Check for Tax Cheats: The IRS Qui Tam 79
Rule 8 Know Dodd-Frank: Securities and Commodities Qui Tam Claims 89
Rule 9 If Working for the Government, Use the First Amendment 101
Rule 10 Make Sure Disclosures Are Protected 105
Rule 11 Beware of "Hotlines," 115
Rule 12 Cautiously Use "Self-Help" Tactics 127
Rule 13 Be Prepared for the Lid to Blow 139
Rule 14 Delay Is Deadly 143
Rule 15 Conduct Discovery 147
Rule 16 Get to the Jury 153
Rule 17 Win the Case: Prove Motive and Pretext 161
Rule 18 Get Every Penny Deserved 169
Rule 19 Make the Boss Pay Attorney Fees 173
Rule 20 Don't Take Hush Money 177
Rule 21 Never Forget: Whistleblowing Works 185
Conclusion: Whistleblowing and the American Dream 195
Checklist 1 Whistleblower Reward Laws (Qui Tam) 203
Checklist 2 Whistleblower Protections Under Federal Law 206
Checklist 3 Whistleblower Protections Under State Common Law 230
Checklist 4 What to Look for When Blowing the Whistle on Fraud Against the Government 244
Checklist 5 Proof of Retaliation 250
Checklist 6 Discovery in Whistleblower Cases: Obtaining the Evidence Needed to Win a Case Against an Employer 264
Annotated Chapter Sources 273
Resources for Whistleblowers 315
Posted September 11, 2011
I just finished reading Mr.Kohn's handbook and what sets this book apart from all other books written for whistleblowers is that it extremely comprehensive and does not limit the information to any particular area of whistleblowing.
It is easy to read & understandable to a non-attorney and Mr. Kohn is quite direct in his approach to answering the questions that face every American worker.
When researching more about Mr. Kohn I've learned that he is also the Executive Director of the National Whistleblower's Center located in Washington,DC. Wow...The website also has a wealth of information. This book will help me defend my case because it combines the law with real case examples. Thank you Mr. Kohn for dedicating your time & knowledge to help all whistleblowers!
Posted March 9, 2011
All potential whistleblowers must read this book!! Provides helpful instructions about the process of bringing to light fraud or misconduct in the work place. Shows employees the way to blow the whistle while protecting themselves in a way that will relieve the employee's fears. I would also recommend this book to anyone who is concerned with fraud in business or government. The book brought to my attention the shocking facts regarding the corruption that takes place in the world.Was this review helpful? Yes NoThank you for your feedback. Report this reviewThank you, this review has been flagged.