FAQs Archive

What is the half-truth doctrine in federal securities law?

When a corporation speaks through a public filing or informally, e.g., by issuing a press release, the half-truth doctrine requires the corporation to include … Continued

Is an employer’s attempt to stop a corporate whistleblower from blowing the whistle to the government actionable retaliation?

Yes, an employer’s effort to force a corporate whistleblower to waive the non-waivable right to report unlawful conduct to the government is actionable retaliation. In … Continued

Is a lawsuit against a whistleblower actionable retaliation?

Suing a Whistleblower Can Give Rise to a Retaliation Claim Filing a lawsuit without a sufficient factual basis to dissuade a whistleblower or discrimination … Continued

Is selective application of policy or disparate treatment evidence of retaliation?

Disparate treatment in the selective application of policy is powerful evidence of reprisal. See, e.g., Vieques Air v. DOL, 437 F.3d 102 (1st Cir. 2006) … Continued

Does an employer’s failure to follow its personnel policies and practices prove retaliation?

An employer’s departure from its customary practice or its personnel policies is relevant circumstantial evidence of retaliation. In Hobgood v. Illinois Gaming Bd., 731 F.3d … Continued

Where can a Sarbanes-Oxley whistleblower appeal a decision of the Administrative Review Board?

A SOX whistleblower may, within 60 days of the ARB’s issuing its final decision, file a petition for review to the U.S. Court of Appeals in the circuit in which the alleged SOX violation occurred, or in the circuit in which the complainant resided on the date of the alleged violation.

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

A 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).

What is the scope of discovery in a Sarbanes-Oxley whistleblower case?

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.”

Can a Sarbanes-Oxley whistleblower appeal an Administrative Law Judge’s decision?

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

Do formal rules of evidence apply in Sarbanes-Oxley whistleblower trials at the Department of Labor?

Formal rules of evidence do not apply in SOX whistleblower cases litigated before a DOL ALJ. Evidentiary rules substantially similar to the Federal Rules of Evidence, however, apply.[i] The Office of ALJ, within the Department of Labor, has adopted those rules to ensure that the most probative evidence is produced.[ii] Evidence that is immaterial, irrelevant, or unduly repetitious may be excluded.[iii]

What is the statute of limitations for a SOX whistleblower retaliation case?

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.

Does the Whistleblower Protection Act Prohibit Retaliation for Refusing to Obey an Order Requiring a Violation of Law?

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

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