Whistleblower and COVID-19 |Preparing EHS, Procurement, and Compliance Teams for Potential Litigation

Webinar Series: Post-Pandemic Planning with Ed Foulke

The COVID-19 pandemic has caused a tremendous impact on employment in the United States. There has been an unprecedented number of employees laid off in a short period of time. On the other hand, employees who remain on the job have and are facing many novel safety and health issues.

This has resulted in an increased number of whistleblower complaints to OSHA. In the past major catastrophic events, such as 9/11, have resulted in a significant increase in whistleblower claims. Employers must prepare for more complaints and resulting whistleblower investigations by OSHA.

In this webinar we will discuss how to properly and legally handle discipline and/or termination of an employee. Attendees will also understand the differences between “protected activity” and “adverse employment action”. Lastly, the program will discuss how to properly handle a whistleblower investigation, any potential remedies for violations, settlement options, and much more.

Learning Objectives:

  • You will be able to recognize protective activity, especially in regards to COVID-19, covered under various whistleblower statutes.
  • You will be able to explain why actions taken by your company are not covered under federal whistleblower laws.
  • You will be able to identify how to handle an OSHA whistleblower inspection and properly respond to OSHA investigators.
  • You will be able to explain whether an employers’ discipline and/or any other terminations of employees during COVID-19 was proper and neither discriminatory or retaliatory.


ED FOULKE | Partner, Fisher & Phillips
TOM CECISH | CSP, CIH Strategic Board Advisor, Avetta