June 04, 2020

Whistleblowing, Separation Agreements, and the Enforceability of Contractual Limitations

By Rachel V. Rose, Esq. Attorney at Law, PLLC, Houston, TX and Joshua M. Russ, Esq., Reese Marketos LLP, Dallas, TX

Americans have long had a complicated relationship with whistleblowers — at once inspired by the ideal of holding truth to power but often skeptical about an individual whistleblower’s motives.  An op-ed piece by Senator Charles Grassley (R-Iowa), long a champion of whistleblowers, emphasized the early American notion of a patriotic duty to alert authorities to fraud and other misconduct:  

The first whistleblower law was unanimously passed by the Continental Congress on July 30, 1778. It stated in part ‘that it is the duty of all persons in the service of the United States, as well as other inhabitants thereof, to give the earliest information of wrongdoing to Congress or other proper authority of misconduct, frauds or misdemeanors committed by any officers or person in the service of these states, which may come to their knowledge.’1

Premium Content For:
  • Health Law Section
Join - Now