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

What is the statute of limitations to file a Sarbanes-Oxley whistleblower retaliation case?

The statute of limitations for a Sarbanes-Oxley whistleblower case is 180 days after the date on which the violation occurs, or after the date on which the employee became aware of the violation.”  18 U.S.C. §1514A(b)(2)(D).  “Filed” has been interpreted as meaning when the complaint is received by the Labor Department.  Murray v. TXU Corp., 279 F. Supp. 2d 799, 802 (N.D. Tex. 2003).  However, the regulations state that, for complaints sent by mail, the date of the postmark will be the date of filing.  29 CFR § 1980.103(d).

The 180-day limitation period commences on either the date the alleged violation occurs or the date the employee becomes aware of the violation.  29 CFR § 1980.103(d).  The regulations define the phrase “date the alleged violation occurs” as “when the discriminatory decision has been both made and communicated to the complainant.”  29 CFR § 1980.103(d).

The time for filing a complaint under Sarbanes-Oxley may be tolled for reasons warranted by applicable case law. For example, OSHA may consider the time for filing a Sarbanes-Oxley complaint equitably tolled if the complainant mistakenly files a complaint with another agency instead of OSHA within 180 days after becoming aware of the alleged violation. EEAC expressed its support for this revision.

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.

Experienced Sarbanes-Oxley Whistleblower Attorneys

The whistleblower lawyers at Zuckerman Law have substantial experience litigating Sarbanes Oxley whistleblower retaliation claims and have achieved substantial recoveries for officers, executives, accountants, auditors, and other senior professionals.  To learn more about corporate whistleblower protections, see our Sarbanes-Oxley Whistleblower Protection FAQ.  Click here to read client testimonials about the firm’s work in SOX whistleblower matters and other employment-related litigation.

To schedule a free preliminary consultation, click here or call us at 202-262-8959.

Leading whistleblower law firm Zuckerman Law has written extensively about whistleblower protections and is quoted frequently in the media on this topic. A sample of those blog posts and articles appears below:

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What is the statute of limitations to file a SOX claim? | Zuckerman Law | Experienced Whistleblower Advocates | Jason Zuckerman | https://www.zuckermanlaw.com/ | (202) 262-8959 | 1629 K St NW, Ste 300, Washington, DC 20006
Under the anti-retaliation provision of the Sarbanes-Oxley Act, the statute of limitations is just 180 days from the date that the employee becomes aware of the adverse employment action. The only exception is for hostile work environment claims. For those claims, you can aggregate all the instances of harassment that, in the aggregate, would form a hostile work environment, as long as one of those instances occurred within the 180-day period. That’s why, when I speak to a new client, we try to identify all the adverse employment actions and try to determine whether we’re close to that 180-day period. I will note, however, that you can plead adverse employment actions outside the 180-day period because it’s helpful evidence. But the only ones that will be actionable, that will allow you to get a recovery, are the ones that happened within that 180-day period.

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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.