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The Labor Lawyer's Guide to the Rights and Responsibilities of Employee Whistleblowers
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Stephen M. Kohn, Michael D. Kohn
Book Code: KLL/
ISBN: 0-89930-207-6
ISBN-13: 978-0-89930-207-2
200 pages
Quorum Books
Publication: 10/6/1988
List Price: $107.95 (UK Sterling Price: £59.95)
Availability: Print on demand
Media Type: Hardcover
Reviews:
  • The Labor Lawyer's Guide to the Rights and Responsibilities of Employee Whistleblowers by Stephen M. Kohn and Michael D. Kohn, Quorum Books a division of Greenwood Press, Inc. A complete overview of developments in statutory and common law that provide increased protection for whistleblowers and authorize punitive and compensatory damages in wrongful discharge actions. An overview of court decisions and the constitutional roots of whistleblower protection is included along with available legal remedies under both state and federal law. An extensive appendix lists texts of whistleblower protection laws.
    —Human Resource Management News
  • . . . This book examines legal developments in the area of whistle-blower protection. Developments in statutory and common law, along with an increased tendency of the courts to award punitive and compensatry damages for wrongful discharges, lead the authors to conclude that whistle-blowers now have increased protection. After discussion of the various legal protections available to whistle-blowers under both federal and state law, the book focuses on the private sector, and how action in state courts has relaxed the traditional employment-at-will doctrine. The authors then analyze case law from states that have adopted a "public policy exception" to emploment-at-will and how this exception provides additional levels of protection.
    —HRMagazine
Description: Beginning with an overview of the jurisprudential and constitutional roots of whistleblower protection, the authors go on to outline the numerous legal remedies under both state and federal law available to whistleblowers. They demonstrate that although no comprehensive federal whistleblower laws exist, many laws and doctrines are sufficiently interrelated to offer a safety net of protection. Turning their attention to the private sector, the authors explain state court developments concerning liberalization of the traditional employment "at will" doctrine. They then analyze the case law of the twenty-six states that have adopted a "public policy exception" to the doctrine and the new tort created by this exception which offers additional protection by permitting suits for damages by private sector whistleblowers. An extensive appendix lists the texts of thirty federal whistleblower protection laws, an expecially valuable feature for practicing labor law attorneys.
Table of Contents:
  • Constitutional Development of Whistleblower Protection Law
  • Federal Protection for Employee Whistleblowers
  • State Protection for Employee Whistleblowers
  • Overview of a Whistleblower Claim
  • Protected Whistleblower Activity
  • Federal Preemption and Preclusion
  • Appendixes: Federal Whistleblower Protection Laws
  • Bibliography
  • Index
LC Card Number: 88-6017
LCC Class: KF3471
Dewey Class: 344.73
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