Difference between revisions of "Whistleblower Protection Laws"

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=='''Protected Whistleblowing Under the Sarbanes-Oxley Act'''==
=='''Protected Whistleblowing Under the Sarbanes-Oxley Act'''==
The '''Sarbanes-Oxley whistleblower law''' protects corporate whistleblowers for providing information about securities fraud, shareholder fraud, bank fraud, a violation of any SEC rule or regulation, mail fraud, or wire fraud.  The Department of Labor has construed '''SOX whistleblowing''' broadly, holding that:
*[https://www.zuckermanlaw.com/sp_faq/sarbanes-oxley-act-protect-whistleblowing-potential-violations-federal-securities-laws/ Disclosing a potential violation] is protected, i.e., an employee who reasonably believes that a securities violation is imminent will be protected by SOX if he or she reports the violation before it actually occurs.
*An [https://www.zuckermanlaw.com/sp_faq/types-proof-show-disclosure-objectively-reasonable/ employee’s mistaken belief in a violation of law can be objectively reasonable].  The reasonable person standard recognizes that many employees are unlikely to be trained to recognize legally actionable conduct by their employers. To satisfy the objective component of the “reasonable belief” standard, the employee must prove that a reasonable person in the same factual circumstances with the same training and experience would believe that the employer violated securities laws.
*To be [https://www.zuckermanlaw.com/sp_faq/sox-whistleblowers-required-show-disclosures-relate-definitively-specifically-federal-securities-law/ protected under SOX, the employee’s report need not “definitively and specifically”] relate to one of the listed categories of fraud or securities violations in Section 806 of SOX.  The focus is “on the plaintiff’s state of mind rather than on the defendant’s conduct.” Guyden v. Aetna, Inc., 544 F.3d 376, 384 (2d Cir. 2008).


=='''Prohibited Whistleblower Retaliation Under Sarbanes-Oxley'''==
=='''Prohibited Whistleblower Retaliation Under Sarbanes-Oxley'''==