Difference between revisions of "Whistleblower Protection Laws"

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Once the employee proves the elements of a Sarbanes-Oxley whistleblower retaliation claim by a preponderance of the evidence, the employer can avoid liability only if it proves by clear and convincing evidence that it would have taken the same unfavorable personnel action in the absence of the complainant’s protected behavior or conduct.
Once the employee proves the elements of a Sarbanes-Oxley whistleblower retaliation claim by a preponderance of the evidence, the employer can avoid liability only if it proves by clear and convincing evidence that it would have taken the same unfavorable personnel action in the absence of the complainant’s protected behavior or conduct.


=='''Relief or Damages for SOX Whistleblowers'''==
=='''Recent SOX Whistleblower Recoveries'''==
A prevailing SOX whistleblower can recover:
*lost wages and benefits;
*[https://www.zuckermanlaw.com/sp_faq/can-osha-order-reinstatement-sarbanes-oxley-whistleblower/ reinstatement] or [https://www.zuckermanlaw.com/sp_faq/what-is-front-pay/front pay]; and
*special damages, which includes [https://www.zuckermanlaw.com/sp_faq/sarbanes-oxley-whistleblower-protection-law-authorize-emotional-distress-damages/ emotional distress], impairment of reputation, personal humiliation, and other non-economic harm resulting from retaliation.
 
There is no cap on special damages under SOX, and some state whistleblower protection laws enable whistleblowers to recover punitive damages.  Recently corporate whistleblowers have obtained substantial recoveries in SOX whistleblower cases:
There is no cap on special damages under SOX, and some state whistleblower protection laws enable whistleblowers to recover punitive damages.  Recently corporate whistleblowers have obtained substantial recoveries in SOX whistleblower cases: