Whistleblower Policies Could Create Contractual Rights

Law360, New York (March 27, 2015, 4:23 PM EDT) -- Owing to a recent victory for workers' rights, employers might begin to reconsider their longtime affection for internal policies that profess a company's commitment to protecting whistleblowers from retaliation. In the halcyon days, those policies made for good corporate public relations and often prompted employees to tip off management to lurking issues, but effectively functioned, in the eyes of many whistleblower advocates, as toothless promises to workers of otherwise unenforceable rights. Worse still, for many employees, internal reports to internal compliance offices far too often incited retaliation against them.

If a recent victory for the whistleblower in a case before the...

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