A claim under the anti-retaliation provision of the Sarbanes-Oxley Act must be filed initially at the Occupational Safety and Health Administration at the U.S. Department of Labor. They will perform an investigation and if they conclude that the employer violated SOX, OSHA can order preliminary reinstatement.
After the process at OSHA is complete, the employee or the employer request a hearing before an administrative law judge at the Department of Labor. To learn more about the procedural rules governing claims litigated at the Department of Labor Office of Administrative Law Judges, click here.
Once the ALJ has issued an opinion, either party can request an appeal before the Administrative Review Board. And an ARB decision can be appealed to a federal court of appeals.
Once a complaint has been before the DOL for 180 days, the complainant has the option to remove the claim from the U.S. Department of Labor proceed in federal court.whistleblower_lawyers_012017_infographic