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Difference between revisions of "SEC Whistleblower Program"
→Prevailing in a Retaliation Whistleblower Case With Prior Performance Problems
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In denying the employer’s motion for summary judgment, the ALJ confirmed that a whistleblower may prevail in a retaliation case even where they have had prior performance issues. While an employer may try to cite an employee’s performance as the basis for an adverse action, that employer must prove that the protected activity in no way contributed to the action. A whistleblower may prevail even where the employer has documented various and repeated performance issues; for the contributing factor causation standard only requires that the protected activity played some part in employer taking the adverse action. Especially where, as in Arnett, temporal proximity or another aspect of the case implies causation, an employee can still prevail. | In denying the employer’s motion for summary judgment, the ALJ confirmed that a whistleblower may prevail in a retaliation case even where they have had prior performance issues. While an employer may try to cite an employee’s performance as the basis for an adverse action, that employer must prove that the protected activity in no way contributed to the action. A whistleblower may prevail even where the employer has documented various and repeated performance issues; for the contributing factor causation standard only requires that the protected activity played some part in employer taking the adverse action. Especially where, as in Arnett, temporal proximity or another aspect of the case implies causation, an employee can still prevail. | ||
== Submitting a Tip Anonymously to the SEC Office of the Whistleblower == | |||
Under the SEC Whistleblower Program, the SEC will issue awards to whistleblowers who provide original information that leads to enforcement actions with total monetary sanctions in excess of $1 million. Since 2012, the SEC has issued nearly $1 billion in awards to whistleblowers. Unlike other whistleblower-reward programs, the '''SEC’s program allows whistleblowers to submit tips anonymously if they are represented by an attorney.''' | |||
Many SEC whistleblowers are uncertain about what '''exactly''' anonymous whistleblowing means. Indeed, for many whistleblowers, it is imperative that their identity remain confidential throughout the entire SEC whistleblower process. | |||
Prior to submitting a tip to the SEC, whistleblowers should assess the risks entailed in whistleblowing and options to mitigate those risks. | |||
Anyone can submit a tip anonymously if you have an [https://www.zuckermanlaw.com/how-best-sec-whistleblower-law-firms-advocate-sec-whistleblowers/ attorney] represent you in connection with both: (1) your submission of information; and (2) your claim for an award. According to an SEC Whistleblower Office’s Annual Report to Congress, almost a quarter of the award recipients reported anonymously to the SEC Office of the Whistleblower through an attorney. | |||