The scope of discovery in Sarbanes-Oxley whistleblower cases is broad. In an order granting a motion to compel discovery in a Sarbanes-Oxley whistleblower case, an ALJ held that “[u]nless it is clear that the information sought can have no possible bearing on a party’s claims or defenses, requests for discovery should be permitted.”
How can a SOX whistleblower appeal an ALJ’s decision? A SOX whistleblower can file a petition for review with the ARB within 14 days after the … 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.
The Whistleblower Protection Act prohibits an employer from taking a personnel action against an employee for refusing an order that would require the employee violate … Continued
Protected Whistleblowing Under 5 USC 2302(B)(9) The WPA Section (b)(9)(A) protects an employee’s exercise of “any appeal, complaint, or grievance right granted by law, rule, … Continued
The Whistleblower Protection Act protects cooperating with or disclosing information to an agency IG or OSC (5 U.S.C. § 2302(b)(9)(C)). Section 2302(b)(9)(C) covers disclosures made to … Continued
PROVING RETALIATION FOR EXERCISING WHISTLEBLOWING, COMPLAINT, APPEAL, OR GRIEVANCE RIGHTS UNDER WPA SECTION 2302(B)(9) To prove retaliation for exercising whistleblowing, complaint, appeal, or grievance rights under … Continued
Proving Retaliation in a Whistleblower Protection Act Case In a WPA action, the complainant must demonstrate a causal connection between the protected activity and the … Continued
Under the WPA, the whistleblower must prove that the agency officials accused of retaliation knew about the individual’s protected disclosures. An employee can show … Continued
Prohibited Whistleblower Retaliation Under the Whistleblower Protection Act The Whistleblower Protection Act covers a broad range of personnel actions, including the following types of actions: … Continued
Protected Whistleblowing Under the Whistleblower Protection Act A federal employee or applicant makes a protected disclosure if the individual reasonably believes the disclosed conduct constitutes … Continued
An employee who believes a federal employer has unlawfully retaliated against the employee has several options. The employee may: File a complaint … Continued