The scope of discovery in Sarbanes-Oxley whistleblower cases is broad. In an order granting a motion to compel discovery in a Sarbanes-Oxley whistleblower case, an ALJ held that “[u]nless it is clear that the information sought can have no possible bearing on a party’s claims or defenses, requests for discovery should be permitted.”
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
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.
The Whistleblower Protection Act safeguards against retaliation employees and prohibits an employer from taking personnel action for refusing an order that would require the … Continued
The Whistleblower Protection Act safeguards against retaliation employees and prohibits an employer from taking personnel action for refusing an order that would require the … Continued
Protected Whistleblowing Under 5 USC 2302(B)(9) The WPA Section (b)(9)(A) protects an employee’s exercise of “any appeal, complaint, or grievance right granted by law, rule, … Continued
The Whistleblower Protection Act protects cooperating with or disclosing information to an agency IG or OSC (5 U.S.C. § 2302(b)(9)(C)). Section 2302(b)(9)(C) covers disclosures made to … Continued
PROVING RETALIATION FOR EXERCISING WHISTLEBLOWING, COMPLAINT, APPEAL, OR GRIEVANCE RIGHTS UNDER WPA SECTION 2302(B)(9) To prove retaliation for exercising whistleblowing, complaint, appeal, or grievance rights under … Continued
Proving Retaliation in a Whistleblower Protection Act Case In a WPA action, the complainant must demonstrate a causal connection between the protected activity and the … Continued
Under the WPA, the whistleblower must prove that the agency officials accused of retaliation knew about the individual’s protected disclosures. An employee can show … Continued
Prohibited Whistleblower Retaliation Under the Whistleblower Protection Act The Whistleblower Protection Act covers a broad range of personnel actions, including the following types of actions: … Continued
Protected Whistleblowing Under the Whistleblower Protection Act A federal employee or applicant makes a protected disclosure if the individual reasonably believes the disclosed conduct constitutes … Continued