Many General Counsel attorneys falsely believe their duty is to protect the corporation by any means instead of ensuring legal compliance and remediating noncompliance according to non-retaliation laws. GCs who knowingly cover up unlawful practices in corporations and government entities must be addressed by the criminal justice system and BAR associations given the enormous financial fraud perpetrated upon taxpayers and shareholders when significant funds are used to unlawfully retaliate against employees who exercise their rights to complain about noncompliance. When this occurs in government entities, it is intentional fraudulent misuse of taxpayer money; it is also a frequent occurrence.
Furthermore, those who contribute to and/or enable unlawful retaliation by not reporting it need to be held accountable as well – as they often benefit personally. Any of us who have been lucky enough to be able to afford legal counsel must help those who have not and must improve our current system.
These problems are epidemic and do require deterrence in the form of large fines, improved processes for complaining employees, and guaranteed sound impartial investigations into unlawful practices, even when there are settlements with complaining employees. Gag orders need to be made unlawful, regardless of settlements with employees.
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