Sarbanes-Oxley whistleblower law Archives

Which whistleblower protection laws employ the contributing factor causation standard?

The “contributing factor” causation standard is favorable for whistleblowers. The words “a contributing factor” mean any factor which, alone or in connection with other … Continued

Are disclosures or complaints about the books and records provisions of the FCPA protected under SOX?

FCPA Whistleblower Protection Yes – some disclosures or complaints about the books and records provisions of the Foreign Corrupt Practices Act (FCPA) are protected under … Continued

Are disclosures or complaints about internal controls protected under the SOX whistleblower law?

Internal Controls Whistleblowing Yes – disclosures about internal controls over financial reporting are protected under the Sarbanes-Oxley Act (SOX) whistleblower retaliation law. 17 C.F.R. § … Continued

Can a whistleblower prevail in a retaliation case if they had a performance problem prior to blowing the whistle?

Every case is unique and the outcome of a case depends upon variety of factors, but a prior performance problem is not an insurmountable … Continued

How does the Department of Labor determine emotional distress damages in whistleblower retaliation cases?

At the various stages of a whistleblower retaliation case, the DOL uses several factors to determine emotional distress damages. Emotional distress damages fall under compensatory (non-economic) damages and can include damages for mental anguish or pain and suffering. Generally a plaintiff seeking emotional distress damages must demonstrate: 1) objective manifestations of the distress, and 2) a causal connection between the adverse employment action and the distress.

Do whistleblower protection laws bar associational discrimination or associational retaliation?

Associational discrimination occurs when an employer discriminates against an employee based on a close relationship with another person.

Is placing a whistleblower under surveillance actionable retaliation?

Retaliatory Surveillance of Whistleblower Yes – placing a whistleblower under surveillance can be actionable retaliation. The elements of a retaliation claim are not uniform, … Continued

What is whistleblower retaliation and how can a whistleblower retaliation lawyer remedy retaliation?

Whistleblower retaliation laws prohibit a broad range of retaliatory actions against whistleblowers, including any act that would dissuade a worker from engaging in protected whistleblowing.

What is a whistleblower?

What is a whistleblower? A whistleblower is a person who exposes wrongdoing, such as fraud, waste, and abuse of authority, corruption, or threats to public … Continued

What are examples of SOX protected activity (protected whistleblowing)?

SOX Protected Whistleblowing Whistleblowers are protected under SOX for providing information, causing information to be provided, or otherwise assisting in an investigation regarding any conduct … Continued

Does the Sarbanes-Oxley whistleblower law protect employees working outside the United States?

Courts have held that SOX whistleblower protection does not apply extraterritorially, but in certain circumstances, the whistleblower protection provision of SOX can apply to covered employees working outside the United States.

What is preemptive retaliation?

Preemptive Retaliation The doctrine of preemptive retaliation permits a whistleblower to bring a claim where the employer retaliates against the whistleblower prior to the whistleblower … Continued