Section 806 of SOX specifically provides that “[n]othing in this section shall be deemed to…
The U.S. Department of Labor Occupational Safety and Health Administration (“OSHA”) administers the anti-retaliation provision…
Where an employer jumps on an employee’s first instance of misconduct or poor performance and…
A prevailing SOX whistleblower can recover “all relief necessary to make the employee whole,” which…
Although reinstatement is the preferred and presumptive remedy to make an employee whole, some SOX…
Does SOX authorize an award of punitive damages? The SOX whistleblower protection law does not…
Retaliatory acts outside the statute-of-limitations are relevant evidence of retaliation Discrete conduct occurring outside the…
The ARB and some district judges have held that SOX prohibits post-employment retaliation. For example,…
Disclosing a whistleblower’s identity may constitute an adverse employment action. The U.S. Court of Appeals…
Is constructive discharge a prohibited act of retaliation under SOX? Retaliatory termination goes beyond…
Establishing Knowledge of SOX Protected Conduct The second element of a SOX claim is knowledge…
Disclosures made in the course of performing one’s job duties are protected under the…
