FAQs Archive

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

Why did Congress enact the whistleblower protection provision of the Sarbanes-Oxley Act?

Purpose of SOX Whistleblower Protection Law When Congress enacted the Sarbanes-Oxley Act (SOX) in 2002, it included a whistleblower protection provision to combat a … Continued

Is an employee’s participation in an investigation of corporate fraud protected under the Sarbanes-Oxley Act?

The whistleblower protection provision of the Sarbanes-Oxley Act protects the following activity: “to file, cause to be filed, testify, participate in, or otherwise assist in a proceeding filed or about to be filed (with any knowledge of the employer) relating to an alleged violation[.]”

What is front pay?

Many anti-discrimination and anti-retaliation statutes authorize reinstatement as an element of damages. If restatement is not feasible, a court may award front pay in lieu of reinstatement. There is no precise formula to determine the amount of front pay, A front pay award is intended to provide compensation for a period of time sufficient to allow the wronged employee an opportunity to obtain similar employment. As front pay is an equitable remedy, the judge usually determines front pay.

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

How can I combat sexual harassment at work?

No worker should ever suffer sexual harassment and anyone who commits sexual harassment should be held accountable. But these claims can be difficult to … Continued

Can an employer be held liable for customer sexual harassment?

Yes, courts have held that an employer may be found liable for the harassing conduct of its customers. The focus of the inquiry in … Continued

What is sexual harassment?

Sexual harassment is actionable under a hostile work environment theory when the harassing conduct is “sufficiently severe or pervasive ‘to alter the conditions [of … Continued

Can Zuckerman Law represent me in my SEC Whistleblower claim if I do not live in the state or country where the law firm has an office?

Our experienced and effective whistleblower lawyers represent SEC whistleblowers both domestically and internationally. There is no citizenship requirement to be eligible for an SEC … Continued

Why should I choose Zuckerman Law to represent me in my SEC whistleblower claim?

DISCLAIMER: Case results depend upon a variety of factors unique to each case and case results do not guarantee or predict a similar result … Continued

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