Whistleblower Claims: Litigating Wrongful Termination and Retaliation, Violations of Public Policy
Recent Cases in Ohio, California, and DC

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Employment and Workers Comp
- event Date
Tuesday, February 15, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will provide employment counsel with an overview of recent decisions brought in wrongful termination and retaliation claims by former employees in Ohio, California, and in various agency actions in Washington, D.C. The panel will discuss the groundbreaking Ohio Court of Appeals' case that allowed a whistleblower employee to succeed on the grounds of violation of public policy. The panel will guide counsel in developing effective policies and procedures to minimize the risk of OSHA or DOL charges and potential private retaliation litigation and crafting litigation strategies that will increase the likelihood of success when defending against retaliation claims.
Faculty

Mr. Martucci practices nationally in business and employment litigation, with a focus on complex class action (employment discrimination and wage-and-hour, including California) litigation, as well as high-stakes executive disputes, whistleblower matters, and unfair competition. Working as part of a trial team, presenting and winning cases on behalf of companies before juries, and advising corporate clients concerning effective business and human resources practices are the primary activities in which Mr. Martucci engages. He has successfully tried a number of jury cases and has effectively resolved a variety of class action cases. His litigation docket is national in scope with cases throughout the U.S. His primary practice areas focus on complex class action (employment discrimination and wage & hour) litigation, Equal Employment Opportunity Commission litigation, unfair competition litigation, and business litigation. In the traditional labor relations field, Mr. Martucci has been involved in a number of NLRB representations, as well as serving as strategic labor relations counsel for national companies.

Ms. Harrison’s practice focuses on representing businesses nationally in commercial disputes and employment matters. She has worked extensively on wage-and-hour class and collective actions in a variety of industries. Ms. Harrison has also presented and written on a variety of wage-and-hour-related matters, including on the topics of defense strategy for wage-and-hour class litigation and the use of statistical evidence in wage-and-hour cases.

Ms. Turner's litigation experience includes defending employers in wrongful discharge, discrimination, harassment, retaliation, invasion of privacy, defamation, and wage and hour suits in state and federal courts. She counsels, trains, and represents clients on a broad range of employment law issues, including hiring, review, and termination procedures; workplace investigations; discrimination, harassment, and retaliation issues; wage and hour law and FMLA issues. Ms. Turner also drafts and updates personnel policies, workplace privacy issues, employee handbooks, drug and alcohol policies, employment agreements, trade secret issues, and non-competition agreements.

Ms. Saint-Clair brings her considerable business education to her business litigation practice. She earned a master’s degree in business administration and a bachelor’s degree in business administration and management from Warner University before earning her J.D. from Emory University School of Law. Ms. Saint-Clair uses her passion for the law and her extensive business knowledge to craft effective legal strategy for business clients. Additionally, Ms. Saint-Clair's experience as an articles editor of the Emory Corporate Governance and Accountability Review helped her become more detailed-oriented and knowledgeable of cutting-edge issues in business law.
Description
Whistleblowers are vital to the ethical and moral compass of big companies and other employers. However, whistleblowers often pay a high price for their commitment to the greater good. They put themselves at risk of retaliation through discrimination, outright termination, or a hostile work environment.
Breaking new legal ground, Ohio's Tenth District Court of Appeals recently held that an individual could sue his former employer for wrongful discharge after being fired for complaining about the company's failure to pay prevailing wages on a construction project. Ohio's prevailing wage law requires contractors and subcontractors on public improvements to pay their employees the proper prevailing wage rate.
Employees who report illegal, unsafe, or unethical conditions at the workplace are protected under the Sarbanes-Oxley Act and the Consumer Financial Protection Act, which provides strong whistleblower protections. OSHA handles the whistleblower provisions outlined in several different federal laws. In addition, many state laws protect whistleblowers from retaliation, such as the California Whistleblower Protection Act, which applies to both public and private employees.
Many recent decisions in California, Ohio, and claims filed with OSHA and the DOL have provided guidance on protections available to whistleblowers and how employers should revisit and revise their policies to comply with OSHA and DOL regulations.
Listen as our expert panel discusses these recent decisions and what best practices employment attorneys can utilize to advise their clients on compliance and claims for whistleblowers and employers.
Outline
- Department of Labor regulations
- Sarbanes-Oxley Act
- Whistleblower protections at the state level
- Recent cases
- Ohio
- California
- OSHA cases
- DOL cases
Benefits
The panel will address these and other relevant topics:
- What does the Ohio case on violations of public policy teach regarding wrongful termination claims?
- What do the California whistleblower cases advise on the definition of protected activity?
- How is Sarbanes-Oxley being enforced under the Biden administration?
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