Sarbanes-Oxley whistleblower lawyers Archives

Can a Sarbanes-Oxley whistleblower appeal an Administrative Law Judge’s decision?

How can a SOX whistleblower appeal an ALJ’s decision? A SOX whistleblower can file a petition for review with the ARB within 14 days after the … Continued

Do formal rules of evidence apply in Sarbanes-Oxley whistleblower trials at the Department of Labor?

Formal rules of evidence do not apply in SOX whistleblower cases litigated before a DOL ALJ. Evidentiary rules substantially similar to the Federal Rules of Evidence, however, apply.[i] The Office of ALJ, within the Department of Labor, has adopted those rules to ensure that the most probative evidence is produced.[ii] Evidence that is immaterial, irrelevant, or unduly repetitious may be excluded.[iii]

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

The deadline for a SOX whistleblower to file a complaint is 180 days after they either experience or become aware of the unlawful retaliation.[i] The clock starts ticking once “the discriminatory decision has been both made and communicated to the complainant.”[ii] A complaint is considered filed once the Department of Labor receives it. A complaint sent by mail, however, is considered filed on the date of its postmark.

What evidence is required to prove compensatory damages in a whistleblower retaliation case?

Most of the whistleblower retaliation statutes adjudicated at the DOL, including SOX, authorize compensatory damages. Until recently, awards of compensatory damages by the DOL were fairly nominal absent expert witness testimony concerning the whistleblower’s emotional distress damages or diminished career prospects. However, two recent decisions, one from the Eighth Circuit and the other from the ARB, indicate that a whistleblower can obtain substantial compensatory damages based solely on his or her testimony.

Can a Sarbanes-Oxley whistleblower appeal an Administrative Law Judge’s decision?

Do formal rules of evidence apply in Sarbanes-Oxley whistleblower trials at the Department of Labor?

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

What evidence is required to prove compensatory damages in a whistleblower retaliation case?

Does the Sarbanes-Oxley Act protect disclosures made in the ordinary course of an employee performing her job duties?

Does the Sarbanes-Oxley Act authorize jury trials?

Can whistleblowers obtain rewards or bounties for reporting fraud to the SEC?

Who is protected under the whistleblower protection provision of the Sarbanes-Oxley Act?

What is the “reasonable cause” standard in an OSHA whistleblower investigation?

Does the Sarbanes-Oxley whistleblower law authorize front pay?

Does the breach of an anti-retaliation policy in a Code of Ethics give rise to a retaliation claim?

What acts of retaliation are prohibited by the Sarbanes-Oxley whistleblower protection law?

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