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New Whistleblower Rules Impact Health Plan Sponsors
Winston & Strawn LLP Link to more items from this source
[Guidance Overview]
Mar. 13, 2014
"No employer wants to have to defend its employment actions in an investigation, hearing, or court case. Having to prove that its actions were not based on retaliation by 'clear and convincing evidence' greatly adds to this burden. These whistleblower rules highlight why it is important for employers to clearly and appropriately document their reasons for taking employment actions. Careful compliance with PPACA, although helpful, will not shield an employer from these concerns -- even if an employee is wrong about the alleged PPACA violation or the employee accepted a subsidy based on incorrect information, he can still allege retaliation."

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