Workplace Retaliation
Did you workplace Retaliate?
Sarbanes-Oxley Whistleblower
The Sarbanes-Oxley Act (SOX) (18 U.S.C. § 1514A) prohibits publicly traded employers from discharging, discriminating against, or retaliating against an employee who reports employer conduct that the employer “reasonably believes” violates federal securities, mail or wire fraud, or bank fraud laws or for assisting a U.S. Securities and Exchange Commission (SEC) investigation. SOX’s whistleblower protections extent to employees of private contractors that are serving public companies.
The statute of limitations, or time period within which you have to bring a complaint under SOX with the Secretary of Labor is shorter than most—it’s 180 days after the employer’s discriminatory or retaliatory action. In other words, it is important to contact an attorney right away if you suspect you may have a SOX claim.
Dodd-Frank Wall Street Reform and Consumer Protection Act
The Dodd-Frank wall Street Reform and Consumer Protection Act (Dodd-Frank) (15 U.S.C. § 78c-6) permits the Securities and Exchange Commission (SEC) to pay awards to whistleblowers who provide the SEC with original information about federal securities law violations that lead to successful SEC enforcement actions that result in monetary sanctions of more than $1,000,000. Dodd-Frank also prohibits an employer from discharging, demoting, suspending, threatening, or in any other way discriminating against a whistleblower in the terms and conditions of employment because that employee made a good faith whistleblower report to the SEC. The whistleblower’s report must have been made to the SEC prior to the retaliation or discrimination.
California Labor Code § 1102.5
California Labor Code § 1102.5 prohibits retaliation if the employee disclosed, or the employer believes the employee disclosed or may disclose, information to certain government agencies that have the authority to investigate, discovery, or correct the employer’s “violation or noncompliance, or for providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employee’s job duties.” (California Labor Code § 1102.5(b).)
