Image of Can a Sarbanes-Oxley whistleblower bring a retaliation case in federal court?

Can a Sarbanes-Oxley whistleblower bring a retaliation case in federal court?

Sarbanes-Oxley whistleblower case must be filed initially with OSHA.  If the Department of Labor has not issued a final decision within 180 days of the filing of the complaint and the delay is not a result of the complainant’s bad faith, the complainant may file an action for de novo review in federal district court.  18 U.S.C. § 1514A(b)(1)(B).

Section 806 does not specify a time limitation within which a SOX claim must be filed in district court after the complaint has been removed from DOL.  In Jones v. Southpeak Interactive Corp, the Fourth Circuit held that the four-year “catchall” time limit set forth in 28 U.S.C. § 1658(a) supplies the limitations period for removing a SOX claim to federal court.  In Jordan v. Sprint Nextel Corp., 3 F. Supp. 3d 917 (D. Kan. Mar. 11, 2014), the court held that neither 28 U.S.C. §1658(a) nor §1658(b) apply to a SOX whistleblower claim and that there is no limitations period within which a SOX complainant must initiate an action in district court after removing the claim from DOL.

If you are seeking representation in a Sarbanes-Oxley whistleblower case, click here, or call us at 202-262-8959 to schedule a free preliminary consultation.

 

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Jason Zuckerman, Principal of Zuckerman Law, litigates whistleblower retaliation, qui tam, wrongful discharge, and other employment-related claims. He is rated 10 out of 10 by Avvo, was recognized by Washingtonian magazine as a “Top Whistleblower Lawyer” in 2015 and selected by his peers to be included in The Best Lawyers in America® and in SuperLawyers.