Sarbanes-Oxley whistleblower lawyers Archives

Which whistleblower protection laws employ the contributing factor causation standard?

The “contributing factor” causation standard is favorable for whistleblowers. The words “a contributing factor” means any factor which, alone or in connection with other factors, … Continued

Are disclosures or complaints about the books and records provisions of the FCPA protected under SOX?

FCPA Whistleblower Protection Yes – some disclosures or complaints about the books and records provisions of the Foreign Corrupt Practices Act (FCPA) are protected under … Continued

Are disclosures or complaints about internal controls protected under the SOX whistleblower law?

Internal Controls Whistleblowing Yes – disclosures about internal controls over financial reporting are protected under the Sarbanes-Oxley Act (SOX) whistleblower retaliation law. 17 C.F.R. § … Continued

Can a whistleblower prevail in a retaliation case if they had a performance problem prior to blowing the whistle?

A whistleblower can prevail in a retaliation case even if they had a performance problem or problems prior to blowing the whistle. To prevail in … Continued

How does the Department of Labor determine emotional distress damages in whistleblower retaliation cases?

At the various stages of a whistleblower retaliation case, the DOL uses several factors to determine emotional distress damages. Emotional distress damages fall under compensatory (non-economic) damages and can include damages for mental anguish or pain and suffering. Generally a plaintiff seeking emotional distress damages must demonstrate: 1) objective manifestations of the distress, and 2) a causal connection between the adverse employment action and the distress.

Do whistleblower protection laws bar associational discrimination or associational retaliation?

Associational discrimination occurs when an employer discriminates against an employee based on a close relationship with another person.

Image of Do whistleblower protection laws prohibit retaliation against an employee who is about to provide information to the government or threatens to file a complaint with federal authorities?

Do whistleblower protection laws prohibit retaliation against an employee who is about to provide information to the government or threatens to file a complaint with federal authorities?

Whistleblower Retaliation Against an Employee About to Blow the Whistle Yes, whistleblower protection laws prohibit retaliation against an employee who is about to report or … Continued

Does OSHA protect the confidentiality of a witness in an OSHA whistleblower investigation?

OSHA is required to protect the confidentiality of a witness in a whistleblower investigation to the fullest extent possible under the law. In fact, where witnesses wish to remain confidential in an OSHA investigation, the investigator is required at the start of the interview to say, “Your interview will be protected to the fullest extent of the law.” See US DOL Memo, Clarification of the Express Promise of Confidentiality Prior to Confidential Witness Interviews, https://www.whistleblowers.gov/memo/2016-07-15.

Which whistleblower protection laws employ the contributing factor causation standard?

Are disclosures or complaints about the books and records provisions of the FCPA protected under SOX?

Are disclosures or complaints about internal controls protected under the SOX whistleblower law?

Can a whistleblower prevail in a retaliation case if they had a performance problem prior to blowing the whistle?

How does the Department of Labor determine emotional distress damages in whistleblower retaliation cases?

Do whistleblower protection laws bar associational discrimination or associational retaliation?

Do whistleblower protection laws prohibit retaliation against an employee who is about to provide information to the government or threatens to file a complaint with federal authorities?

Does OSHA protect the confidentiality of a witness in an OSHA whistleblower investigation?

To engage in protected conduct, must a whistleblower cite a specific violation of law or regulation?

What are examples of SOX protected activity (protected whistleblowing)?

Does the Sarbanes-Oxley whistleblower law protect employees working outside the United States?

Are disclosures about bank fraud protected under the Sarbanes-Oxley whistleblower law?