Sarbanes-Oxley Whistleblower Violation Claims
Federal law prevents publicly owned companies, as well as their subcontractors and agents, from retaliating against employees who report fraudulent activities, such as falsifying financial statements. The employee must have a reasonable belief that the activities are in fact fraudulent and must report them to the government, the employer, or someone conducting an investigation on the employer’s behalf. Employees may also be protected if they assist an investigation of possible fraud, if they help co-workers report fraud, or if they oppose illegal activities in the workplace. However, employees will lose this protection if they engage in wrongful conduct while making complaints or assisting others. Employees who wish to file complaints should check their employee manuals to determine the proper procedures.
Some examples of Sarbanes-Oxley whistleblower violations are:
- You are harassed, demoted, reassigned, denied a promotion or benefits, or fired because you told your employer or a government agency about company activities that you thought might be illegal.
- Your employer warns you or your co-workers that you will be fired or otherwise penalized if you talk to or assist a government agency with an investigation of your employer’s activities.
- After you report possible fraud, your boss starts giving you more difficult work assignments, reprimanding you or giving you poor evaluations for no reason, or otherwise tries to make your work more unpleasant compared to your co-workers.
- You have refused to do an assignment you believe to be illegal, and consequently, you have been reassigned, demoted, reprimanded, harassed or fired.
- Your co-workers have engaged in any of the above activities, and your employer has treated you badly as a result.
Nichols Kaster & Anderson, PLLP has litigation experience in many types of cases, including employer retaliation. If you think you may become involved in litigation with your employer, feel free to contact us.
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