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Potential whistleblowers might think twice before reporting suspected corporate malfeasance in the face of a recent study that indicates promised protection isn’t what it’s cracked up to be. After reviewing 491 whistleblower complaints filed with the Department of Labor between 2002 and 2005, Richard E. Moberly, an assistant professor of law at the University of Nebraska College of Law, found that only 3.6% of the 361 cases that were decided by the Department of Labor proved they were unfairly published after revealing potentially damaging information about their employers, and only 6.5% of the 93 who appealed to DOL judges emerged victorious. “It’s not working the way people expected it would,” says Moberly, who contends the Occupational Safety and Health Administration (charged by the DOL with resolving the disputes) advocates a “narrow reading” of the law.

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