Los Angeles Sarbanes-Oxley (SOX) Lawyer
Whistleblower Protection Under Sarbanes-Oxley
Among its many provisions, the Sarbanes-Oxley Act protects whistleblowers employed by publically traded companies and other companies that are required to file certain reports with the SEC from discrimination and retaliation. More specifically, SOX prohibits publicly traded companies and their officers, employees and agents, from discharging, demoting, suspending, threatening, harassing, or in any other matter discriminating against an employee because of any lawful act done by the employee that is covered by SOX. 18 U.S.C.A. § 1514A(c).
Protected Activity Under Sarbanes-Oxley
SOX protects covered employees who provide information regarding any conduct that the
employee reasonably believes constitutes a violation of:
- any rule or regulation of the Securities and Exchange Commission;
federal criminal provisions relating to securities, bank, mail, or wirefraud;
- or any federal law relating to fraud against shareholders.
An employee who provides such information to a federal regulatory or law
enforcement agency, to a member or committee of Congress, or to a person with
supervisory authority over the employee is protected. An employee who assists in
any proceeding (whether filed or about to be filed) relating to an alleged violation
of the same laws and regulations also is entitled to protection as a whistleblower
Remedies Available Under Sarbanes-Oxley
Whistleblower employees who have been terminated and who prevail in a SOX action are entitled to reinstatement, back pay, emotional distress damages, and attorney fees and costs.
Their also may be an entitlement to front pay where reinstatement is not
possible. Although punitive damages are not available under SOX, if the whistleblower was employed in California, an additional claim can be brought for wrongful termination in violation of public policy that can provide the basis for a punitive damages claim.
In 2010 the Doff-Frank Act was signed into
law. As part of its
comprehensive program to ensure corporate accountability and compliance, the Dodd-
Frank Act expanded the whistleblower protection provision of the Sarbanes-Oxley Act by extending the
statute of limitations, clarifying the scope of coverage and right to a private civil action,
allowing specifically for jury trials, and ensuring that the protections of SOX were
non-waivable by employees in most cases. The Act also created an SEC whistleblower incentive program, which rewards those who provide information to the government on securities
violations by giving whistleblowers a share of any money the government recovers. It also created a specific whistleblower-protection program for those who work in the
financial industry to encourage them to come forward with information related to fraudulent conduct in the sale and marketing of consumer financial products or services,
and strengthened the False Claims Act as well.
25 Years Experience
Mr. Johnston has been a lawyer for more than 25 years. He has
experience handling Sarbanes-Oxley and other types of whistleblower cases in Los Angeles and other areas of California.
believe that your employer has been defrauding the government, or if you have
been retaliated against for reporting other types of illegal conduct by your
employer, and would like to consult with a whistleblower lawyer
in Los Angeles, we invite you to contact our office and make an appointment to
speak with attorney Johnston about your case.
Want to Find Out Right Away
if You Have a Valid Sarbanes-Oxley?
If you believe you have been the victim of employment discrimination in
your workplace, we invite you to contact attorney Johnston about your
potential claim(s) by clicking on the link in the box at left.
- OSHA Procedures
Sarbanes Oxley Act of 2002
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