Original information qualifying for an SEC Whistleblower Award “Original information” is information that is not already known to the SEC. Thus, if another whistleblower … Continued
Yes. The SEC firmly rejects any employer’s attempt to impede an employee’s communication with the SEC about a possible securities-law violation by using … Continued
In determining whether to report internally prior to reporting to the SEC, a whistleblower should consult with counsel to determine the optimal path forward … Continued
Compliance Personnel, Auditors, Officers, and Directors Can Obtain SEC Whistleblower Awards Compliance personnel, including internal auditors, external auditors, officers, and directors, may incorrectly assume that they are not … Continued
Most individuals, regardless of citizenship, are “eligible” whistleblowers if they voluntarily provide the SEC with original information about a possible violation of the federal securities … Continued
SEC Whistleblower Program The SEC Whistleblower Program offers awards to eligible whistleblowers who provide original information that leads to successful SEC enforcement actions with total monetary sanctions exceeding $1 … Continued
The employer’s belief in the preferred reason for the adverse employment action must have been both honest and reasonable. “[T]he factfinder is tasked with evaluating … Continued
No. The disclosure is still protected and the core issues will be whether the employer would have taken an adverse employment action against the employee … Continued
A constructive discharge occurs when the working conditions are so intolerable that a reasonable person in the employee’s position would feel forced to resign.
If an employer makes an unconditional offer of full reinstatement and the former employee rejects the offer, the rejection of the offer can bar a claim … Continued