Whistleblower Retaliation Archives

Does Sarbanes-Oxley protected conduct require a showing of materiality?

Sarbanes Oxley Protected Conduct Does Not Require a Showing of Materiality The great weight of authority holds that there is no independent materiality element to establish … Continued

What whistleblowing disclosures are protected under the Sarbanes-Oxley Act?

What is Sarbanes-Oxley protected conduct? Whistleblowers are protected under SOX for providing information, causing information to be provided, or otherwise assisting in an investigation … Continued

Is retaliation that occurred outside of the statute of limitations period relevant evidence of retaliation?

Discrete conduct occurring outside the statute of limitations can be offered as circumstantial evidence of retaliation. For example, if a supervisor threatens to terminate the employment of a whistleblower if the whistleblower raises additional compliance concerns and the supervisor ultimately carries out the threat, the threat itself is relevant to prove retaliation even if it was made outside of the statute of limitations period.

Does the Sarbanes-Oxley Act protect whistleblowing about potential violations of federal securities laws?

A SOX retaliation plaintiff need not demonstrate that they disclosed an actual violation of securities law; only that they reasonably believed that their employer was defrauding shareholders or violating an SEC rule. Indeed, a reasonable but mistaken belief is protected under SOX. “To demonstrate that a plaintiff engaged in a protected activity, a plaintiff must show that [s]he had both a subjective belief and an objectively reasonable belief that the conduct [s]he complained of constituted a violation of relevant law.”

What is at-will employment?

At-will employment means that an employee can be terminated at any time for any reason or for no reason at all. There are, however, many … Continued

What is constructive discharge?

A constructive discharge occurs when the working conditions are so intolerable that a reasonable person in the employee’s position would feel forced to resign.

What is the impact of an offer of reinstatement?

If an employer makes an unconditional offer of full reinstatement and the former employee rejects the offer, the rejection of the offer can bar a claim … Continued

What is perceived whistleblowing?

Courts and administrative tribunals have construed whistleblower protection laws to protect employees from adverse employment actions because they are suspected of having engaged in protected … Continued

Is threatening a countersuit against a whistleblower an act of retaliation?

Yes, some courts have held that threatening to sue a whistleblower can be retaliatory if the counterclaim (i) lacks “reasonable basis in fact or law” … Continued

What whistleblowing is protected conduct under the False Claims Act?

The False Claims Act protects: “lawful acts . . . in furtherance of an action under [the FCA]”; and “other efforts to stop 1 or … Continued

Page 8