SOX Protected Whistleblowing Whistleblowers are protected under SOX for providing information, causing information to be provided, or otherwise assisting in an investigation regarding any conduct … Continued
SOX Whistleblower Law Protects Disclosures About Bank Fraud Yes, a disclosure about bank fraud is protected conduct (protected whistleblowing) under the whistleblower protection provision of … Continued
Section 806 of SOX specifically provides that “[n]othing in this section shall be deemed to diminish the rights, privileges, or remedies of any employee under any Federal or State law, or under any collective bargaining agreement.” 18 U.S.C. § 1514A(d). A whistleblower who is fired for refusing to commit an illegal act could bring both a SOX claim and a common-law wrongful discharge claim. Bringing the latter claim could potentially result in an award of punitive damages. But note that in some states, where there is an adequate statutory remedy to vindicate the public policy objectives, the employee can pursue a retaliation action only through the statute.
Proving Whistleblower Retaliation and “Contributing Factor” Causation The Department of Labor Administrative Review Board’s ruling in Palmer v. Canadian National Railway, ARB No. 16-035, ALJ … Continued
The deadline for a SOX whistleblower to file a complaint is 180 days after they either experience or become aware of the unlawful retaliation.[i] The clock starts ticking once “the discriminatory decision has been both made and communicated to the complainant.”[ii] A complaint is considered filed once the Department of Labor receives it. A complaint sent by mail, however, is considered filed on the date of its postmark.
Scope of Sarbanes-Oxley Corporate Whistleblower Protection The whistleblower provision of SOX protects: employees, officers and agents of publicly traded companies (companies issuing securities registered under … Continued
Retaliation Prohibited by the Sarbanes-Oxley Whistleblower Protection Law The Sarbanes-Oxley whistleblower protection provision prohibits a broad range of retaliatory acts, including: termination; demotion; suspension; harassment; … Continued