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Whistleblower Protection by the Council of Europe, the European Court of Human Rights and the European Union

Whistleblower Protection by the Council of Europe, the European Court of Human Rights and the European Union
Author: Hava Charlotte Lan Yurttagül
Publisher: Springer Nature
Total Pages: 305
Release: 2021-06-26
Genre: Law
ISBN: 3030780597
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First introduced in the United States, whistleblower laws have become increasingly popular around the world. This book illustrates the regional efforts undertaken by European organizations to promote whistleblower protection in Europe. To provide context, the first part of the book presents an overview of the international best practices for whistleblowing legislation and explores the status of whistleblower under international law. It also assesses the global hot topics regarding whistleblowing, from the cases of Edward Snowden and Julian Assange to the silencing of whistleblowers during the COVID-19 pandemic. The following parts focus on the European approach to whistleblower laws. It illustrates the influence of the Council of Europe in putting whistleblower protection on the European agenda and discusses the European Court of Human Rights’ case law on whistleblowing under Article 10 of the European Convention on Human Rights. In the final part, the author analyzes the evolution of the European Union’s approach to whistleblowing and the legal significance of the EU Whistleblower Directive adopted in 2019. In the respective parts, the author also examines the effectiveness of the international organizations’ own internal rules on whistleblowing, from the United Nations and the World Bank Group to the Council of Europe and the European Union.

The New Whistleblower's Handbook

The New Whistleblower's Handbook
Author: Stephen M. Kohn
Publisher: Rowman & Littlefield
Total Pages: 569
Release: 2017-07-01
Genre: Law
ISBN: 1493028820
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An updated edition of the first-ever consumer guide to whistleblowing by the nation’s leading whistleblower attorney The newest edition of The Whistleblower’s Handbook brings the most comprehensive and authoritative guide to exposing workplace wrongdoing up-to-date with new information on wildlife whistleblowing, auto safety whistleblowing, national security whistleblowing, and ocean pollution whistleblowing. It also includes a new “Toolkit” for international whistleblowers. This essential guide explains nearly all federal and state laws regarding whistleblowing, and in the step-by-step bulk of the book, presents more than twenty must-follow rules for whistleblowers—from finding the best federal and state laws to the dangers of blindly trusting internal corporate “hotlines” to obtaining the proof you need to win the case.

Committing to Effective Whistleblower Protection

Committing to Effective Whistleblower Protection
Author: OECD
Publisher: OECD Publishing
Total Pages: 216
Release: 2016-03-16
Genre:
ISBN: 9264252630
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Whistleblower protection is vital for: safeguarding public interest; promoting accountability and integrity in public and private institutions; and encouraging reporting of misconduct, fraud and corruption. This report analyses whistleblower protection standards in the public and private sectors.

Questions & Answers about Appeals

Questions & Answers about Appeals
Author: United States. Merit Systems Protection Board
Publisher:
Total Pages: 28
Release: 1989
Genre: Administrative remedies
ISBN:
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Whistleblower Law

Whistleblower Law
Author: Stephen Kohn
Publisher: Bloomsbury Publishing USA
Total Pages: 304
Release: 2004-09-30
Genre: Law
ISBN: 0313052077
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In the wake of the Enron implosion and the subsequent revelations of numerous cases of corporate misconduct, sweeping legislation was enacted to reform the system of corporate financial oversight and to ensure protection for employees and investors. The Sarbanes-Oxley Act, signed into law by President George W. Bush on July 20, 2002, is a landmark in policymaking, business law, and social activism. Whisteblower Law is the first book to explain and analyze the impact and implications of this legislation, especially as it pertains to the rights of whistleblowers—those who dare to come forward with evidence of wrongdoing. Written by the leading experts in the field and drawing on their extensive experience in advising law-makers, arguing cases, and training professionals, Whisteblower Law will become the standard reference for lawyers, judges, and mediators; corporate executives and managers; employees of publicly traded companies; labor leaders and human resource advocates; and potential whistleblower alike. The authors point out that the impact of Sarbanes-Oxley and related reforms in law and policy will have a profound effect on the corporate and legal communities. For example, the law mandates for the first time that all publicly traded companies establish formal whistleblowing programs and that corporate attorneys must divulge information that would implicate their clients in criminal acts, effectively becoming whistleblowers themselves.

Whistleblower Law

Whistleblower Law
Author: Lisa J. Banks
Publisher:
Total Pages: 0
Release: 2022-09-28
Genre: Whistle blowing
ISBN: 9781588523983
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Balanced overview of the history of whistleblower law and the many issues facing attorneys and compliance officers.

The Corporate Whistleblower's Survival Guide

The Corporate Whistleblower's Survival Guide
Author: Tom Devine
Publisher: Berrett-Koehler Publishers
Total Pages: 358
Release: 2011-04-04
Genre: Business & Economics
ISBN: 1605099880
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From Erin Brockovich to Enron, whistleblowers who “challenge abuses of power that betray the public trust” have proven to be an unfortunate necessity in modern business culture. Their efforts to report crimes, fraud, and dangers to public health and safety have saved millions of lives and billions of dollars of shareholder value – and had we heeded the warnings of whistleblowers, perhaps disasters such as the Bernie Madoff scandal and the Lehman Brothers meltdown could have been averted. Recent federal legislation in finance and health reform have cemented legal protections and mechanisms for whistleblowing. This book provides a thorough guide and history to the whistleblower's legal rights. The ultimate survival guide, it provides advice on getting help and finding allies, warns that retaliation is often the reward for "committing the truth" and shows how to weather the storm. With extensive legal texts, sample letters, resources, and information on upcoming whistleblower reforms, this is the ultimate source on the subject.

Silencing a Whistleblower

Silencing a Whistleblower
Author: Cobus de Swardt
Publisher: Springer Nature
Total Pages: 313
Release: 2021-09-27
Genre: Political Science
ISBN: 3030765407
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This book examines how insufficient policies can lead to the alleged abuse of power in organisations. When independent ethical structures and processes are missing or weak, practices of abuse, misconduct and cover-ups can easily arise at the leadership level. Even organisations that specialise in good governance are no exception, as illustrated by this case study on arguably the world’s most influential anti-corruption NGO, Transparency International (TI). Written by the former Managing Director of Transparency International, this book chronicles its ethical breakdown over a 5-year period starting in 2015. By comparing TI’s whistleblower policies with its internal whistleblower practices, it demonstrates how the organisation gradually became trapped in a vicious cycle of secrecy, corruption and lies. The author chronologically tracks TI’s practices, drawing on 12 whistleblower complaints filed with TI since 2017, as well as communications with TI, international donor agencies, and other international civil society organisations from 2015 to 2020 to do so. The chronological format aptly reveals the snowball effect that ethical weaknesses can create over time, as well as the emotional warfare that whistleblowers are typically subjected to. The unfolding chronology also shows what it means to be a whistleblower for an organisation that avoids public transparency, reporting on and scrutiny of its own practices.

Concepts and Procedures in Whistleblower Law

Concepts and Procedures in Whistleblower Law
Author: Stephen Kohn
Publisher: Bloomsbury Publishing USA
Total Pages: 542
Release: 2000-10-30
Genre: Law
ISBN: 0313096147
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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.