Existing insurance policies likely don’t handle those situations from a pay perspective, so employers ought to both issue specific guidance to employees on these points or contextualize current insurance policies. Consulting with attorneys to develop the suitable strategy may assist avoid the forms of lawsuits now being filed in substantial numbers. The Covid-19 pandemic has spawned a wave of employment litigation directly and indirectly based on associated health dangers and employers’ response to the disaster. This column provides our preliminary impressions from our knowledge collection and evaluation of those circumstances, and our ideas on how corporations can attempt to restrict their potential liabilities. We are on the forefront of whistleblower-related issues within the post-Sarbanes-Oxley period. We’ve defended dozens of whistleblower actions for leading financial establishments, including a few of the most necessary circumstances addressing what constitutes “protected activity.” We’ve authored the main treatise on whistleblower protection.

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