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The Whistleblower's Handbook
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The Whistleblower's Handbook [Format Kindle]

Stephen Martin Kohn

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Présentation de l'éditeur

From America’s leading whistleblower’s attorney—the third updated edition of his layman’s guide to the legal do’s and don’ts of exposing workplace wrongdoing
Do you suspect that your employer is skirting safety or environmental rules, cheating on taxes, violating government contracts, committing financial fraud, or breaking the law? That your boss is a crook? Welcome to the ranks of the close to 50 percent of American workers who have witnessed fraud or misconduct at work—about half of whom take initial steps to “do the right thing” by reporting it. Few get far. Despite a revolutionary spate of laws in recent years that not only protect whistleblowers but also provide for large monetary rewards, the legislative labyrinth remains daunting. All too often this means silence, lost court cases, damaged careers, and a failure to effect real change.

Now, updated in March 2013 to include the historic $104-million Bradley Birkenfeld whistleblower case and more, comes the third edition of the first-ever consumer guide to whistleblowing by the nation’s leading whistleblower attorney. In The Whistleblower’s Handbook, Stephen Martin Kohn explains nearly all federal and state laws regarding whistleblowing. In the step-by-step bulk of the book, he also presents twenty-one rules for whistleblowers—from finding the best federal and state laws to knowing your way around the far-reaching Dodd-Frank Wall Street Reform and Consumer Protection Act of 2009, and from the dangers of blindly trusting internal corporate “hotlines” to obtaining the proof you need to win the case. Also included are six easy-reference checklists on whistleblower reward laws and other legislation.

Détails sur le produit

  • Format : Format Kindle
  • Taille du fichier : 2907 KB
  • Nombre de pages de l'édition imprimée : 352 pages
  • Editeur : Lyons Press (1 février 2011)
  • Vendu par : Amazon Media EU S.à r.l.
  • Langue : Anglais
  • Synthèse vocale : Activée
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13 internautes sur 14 ont trouvé ce commentaire utile 
5.0 étoiles sur 5 Required reading in a corrupt corporate world 26 mars 2011
Par frribciuc - Publié sur
Format:Broché|Achat vérifié
In a world where corporate corruption runs rampant, and taxpayers are often left with enormous bills as a result, understanding and protection of ethical corporate whistleblowing should be an ever-more-important education and policy issue. This book goes some way in that direction, and one can only imagine its power once more Americans will understand its import.

As the title suggests, the book can serve as a policy manual as well as information necessary for any American who functions in a workplace and wants to both perform his/her civic duty, and PROTECT HIS/HER CAREER, OR MORE LIKELY, THEIR CHANCE TO PREVAIL IN COURT ONCE THEIR CAREER IS PREDICTABLY DAMAGED BY A FRAUDULENT EMPLOYER.

There are many good books about "what happens to whistleblowers" (the books by Glazer (older) and Alford (newer) probably lead the pack), highly visible cases (Glazer, as well as Scammell's "Giant Killers"), what drives whistleblowers (Alford), etc). You can glean from some of those what was happening, what was raised by the fraudulent employer as tactics to discredit the whistleblower, and how some whistleblower cases came down. But in all of those such information is peripheral and indirect. "The Whistleblower's Handbook" is the first book that addresses the most important and practical issue: equipping the whistleblowers with critical legal and procedural information to even the playing field against powerful and unscrupulous employers. There is no doubt in my mind that EVERY whistleblower and potential whistleblower out there will get a better outcome for their case by reading this book. If you can read it before the key actions in the whistleblowing process (raising the illegality issues internally or externally), the benefits will be even more dramatic, as you will understand that deliberation in those steps and assembling necessary documentation are key requirements to success.

There is a simple reality out there: if you raise legitimate issues that engage a real possibility that your company is committing illegal acts, you have an enormous chance to be fired or retaliated against. If the issues are in fact true, the stakes high (monetary value to your company if caught is large), and the company is already deep into the practices, your firing becomes a guarantee: the company has to choose between paying for its illegal acts with certainty (if you are allowed to raise your concerns to the end and a true investigation occurs), or firing you and trying to discredit you as much as possible, and take its chances that it will get away with it.

So the sooner you have an attorney, the better. Here the book makes an essential point: you will be crushed without competent legal help. Unless you are quite wealthy, you will also be crushed if you can't secure contingency attorney representation (the corporate malefactor will simply outspend you into the ground in the legal process). But, given the incredible amounts of fraud and corruption in American companies at the moment, such attorneys are literally swamped with potential cases. How do you secure their representation? By coming to them with solid evidence, not just a story. This is particularly true if you are not a highly paid individual. From the attorney's perspective, there are two ways to get paid: as a percentage of your award, and by the court awarding attorney's fees. Since your award is virtually always driven by what it would cost the employer to "make you whole" on lost pay, benefits, etc, if your compensation is not quite high, your award will not be either (unless you can prove emotional damages, physical harm, etc, ie damages in addition to your loss of income). So at that point the attorney, when weighing their own economic decision, knows that the percentage of your award (or settlement from the company) may not pay them for their work, and of course that award is highly uncertain in any litigation. Thus making a case that they would have a very high chance to win and get court-awarded attorneys fees becomes the only way to get them to take your case. The book gives an excellent review of do's and don'ts in terms of assembling information, and teaches you how to get it while you still can (i.e. before the employer realizes they should shut down all your access, transfer you away from the fraud, etc).

I am not going to give a compendium of the book here (buy it, the author well deserves the royalties for the immense service the book will do to our society). But I will say this: I am fortunate to have a bevy of attorneys, a lot of evidence, and education (including some litigation training) that help me have a very strong case. Even with all these advantages, I would have benefited tremendously from reading this book before undertaking the actions to bring fraud to light. I don't think there's anyone (including employment attorneys themselves) who won't find something in this book to further their chances to be effective in this type of effort/case.

Finally, remember that in doing the whistleblowing "right" you don't only help your own (and your family's) chance to survive/prevail over the hardships the employer will certainly throw your way. It also may be critical to effectively making the fraud come to light and ultimately stop. Whoever the fraud is hurting (typically the government and or the taxpayers, or innocent lives endangered by safety issues, or consumers gouged by corporate greed), needs YOU. They need you healthy, conscious of the full scope of the challenges ahead of you, and able to withstand what will come your way, so that you can assist THEM as a witness, effective whistleblower, etc. So protect yourself and your family. Learn and understand what is in this book.
7 internautes sur 7 ont trouvé ce commentaire utile 
5.0 étoiles sur 5 The best investment a would-be truth-teller can make 4 mars 2011
Par Charlotte - Publié sur
You've heard the saying: honesty pays. It may or may not be true depending on who you are, where you work, and to whom you report wrongdoing. Stephen Kohn's book is exactly as it's marketed: a layperson's guide to blowing the whistle. As Kohn -- a whistleblower's attorney with decades of experience -- reveals, there are many shades of whistleblower laws and statutes, some effective and many not. While I advocate for doing the right thing, I do so only after asking you to read through this guide so that you won't personally have to pay the price for society's well-being. The book is well-arranged and easy to read. Historians will also find information on how these laws came to be, and how they've changed over the years.
5 internautes sur 5 ont trouvé ce commentaire utile 
5.0 étoiles sur 5 A Whistleblowers Perspective 8 septembre 2011
Par Jeffery A. Conklin - Publié sur
I am a Federal Employee Whistleblower,

I just purchased and read the book "The Whistleblowers Handbook" and I found it a remarkably practical guide that validated many of the conclusions that I have had to make in the (so far) two year process of seeking remedy to my retaliation. I wish I had had this two years ago when I started. It is detailed and technical enough to be useful in a practical way and written in such a way a to be understandable by non-attorneys.

I have had a Whistleblower Case pending as a federal employee over retaliation for the disclosure of laws, rules, and regulations to the agency Inspector General. I wish so much I had had this book when I initiated my complaint.

It was most discouraging (but unfortuantely accurate as I have come to understand it) to see Mr. Kohn describe the federal employees Whistleblower Protection Act as "...generally considered to be one of the weaker whistleblower laws..."

It was most encouraging to go thru Checklist 5 (Proof of Retaliation) and be able to check off most of the indicators their as relevent to my case. The six checklists by themselves are worth the price of the book for any Federal Whistleblower attemtping to advocate for themself Pro Se.

This is a great and practical guide that I wish I had 2 years ago, but that I think will now assist greatly in focusing my activities and help me in understanind how to best advocate for my self as my case progresses.
4 internautes sur 4 ont trouvé ce commentaire utile 
5.0 étoiles sur 5 The whole package is right here 7 septembre 2011
Par Truthteller - Publié sur
Format:Broché|Achat vérifié
Stephen Kohn manages to break down the complicated morass known as whistleblowing. He does it in a style that is understandable, concise and right on target. Whistleblowing is not for the faint hearted, but the author gives the road map on how to survive.
3 internautes sur 3 ont trouvé ce commentaire utile 
5.0 étoiles sur 5 Everything you need to know before blowing the whistle! 1 avril 2012
Par Kel Y - Publié sur
Stephen Kohn's The Whistleblower's Handbook is the best guide for whistleblowers. It is easy to follow and very useful for any whistleblower whether he is in the private sector or pubic sector. Kohn thoroughly goes over 21 Rules that are crucial for the whistleblowers and provides 7 Checklists where he explains important laws into easy to understand English. This book is excellent for many ordinary Americans do not have extensive knowledge of the law and the process of blowing the whistle.
If you are considering blowing the whistle, you MUST read the book before you make any hasty decision because there are so much for you to consider including different laws, time limitation and more.
I won't say more because you have to read it yourself and find out what you need. :)
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The "deliberate ignorance" standard is extremely relevant to whistleblowers because, in most cases, employees who uncover wrongdoing disclose these concerns to their supervisors or bosses. Under the 1986 amendments, the failure of a company to reasonably respond to a whistleblower's allegations by conducting a "reasonable and prudent" "inquiry" into the disclosures can trigger liability under the law, even if the top company officials or contracting officers claim they had no specific knowledge of the false claims. &quote;
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the wrongdoer must pay the government three times the amount of any fraud/wrongful billing (in addition to a fine for each violation), and the whistleblower is entitled to a percentage of the monies obtained by the government (15 percent to 30 percent). &quote;
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person "knowingly" violates the law if he or she "has actual knowledge" that the information is false, "acts in deliberate ignorance of the truth or falsity of the information," or "acts in reckless disregard of the truth or falsity of the information." The statute specifically states that "no proof ofspecific intent to defraud is required." &quote;
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