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Are Whistleblower Claims The New Retaliation Claims?

[April 26, 2013]  A recent New York Times article serves as a reminder that whistleblower claims seem likely to be one of the fastest growing types of employment law claims in coming years. They present employers with the same type of challenge that retaliation claims present: a coincidental chronology — (alleged?) complaint followed by termination — that will often get the case to the jury, regardless of the underlying merits; and where the jury will then decide the case based on factors (if not facts) known only to them. As a result, employers are well-advised to empower human resources and counsel to develop policies and training to mitigate their whistleblower risks.