Ben Fenton’s article “Responses to Claims of Whistleblower Retaliation” was published in the October 2022 edition of Los Angeles Lawyer, a magazine run by the Los Angeles County Bar Association. The article examines the framework for evaluating retaliation claims in light of a recent ruling regarding the burden of proof.
“Success in a whistleblower retaliation defense case requires employers to provide evidence that any unfavorable workplace condition would have occurred regardless of the employee’s status as a whistleblower, as opposed to the prior standard that required a single explanation for the unfavorable condition to shift the burden back to the plaintiff,” Ben shares in the article. He continues to explain that “Employers must have proactive measures in place to ensure adequate evidence is available,” and outlines a number of measures employers can take to defend themselves in the event a whistleblower retaliation case is brought forward.
The full article can be found below.
Responses to Claims of Whistleblower Retaliation
(Originally published in Los Angeles Lawyer – October 2022.)