Worker News
Weekly (10/15/18)
This week's contents:
Topic of the Week Corporate Whistleblowing: What Actions by a Whistleblower Does the Law Protect
You must prove:
- protected activity;
- an adverse employment action; and
- the protected activity caused the adverse action.
Protected activity is:
- to provide information...
- regarding conduct that violates certain laws and regulations...
- when the information is provided to one of several agencies or government bodies.
What must be proved to win a corporate whistleblower case for retaliation?
Before an employee can win a case, that employee must be able to show the judge that there was
- protected activity;
- an adverse employment action; and
- the protected activity caused the adverse action.
The law on this issue is relatively broad but doesn't protect all types of action that a whistleblower might take. In order to know whether the law protects you from retaliation it is important to know what sort of actions are protected.
What conduct is considered to be "protected activity"?
"Protected activity" describes the actions an employee can take, and be protected by the law from retaliation. The Department of Labor and the courts interpret "protected activity" broadly.
For example, calling the SEC is protected activity. So, if the boss gets mad and fires you for calling the SEC, you can make a complaint against that unlawful retaliation. Sarbanes-Oxley also protects employees who report violations to the employer. Dodd-Frank extends that employee protection to prevent retaliation not just against the employee, but also against a contractor, agent or associated others. Dodd-Frank only protects against retaliation if the violation is reported to the SEC. Internal reports alone are not protected by Dodd-Frank, but may be covered under Sarbanes-Oxley.
Sarbanes-Oxley describes the scope of protected activity as:
to provide information, cause information to be provided, or otherwise assist in an investigation
regarding any conduct which the employee reasonably believes is a violation of the Sarbanes-Oxley law itself, any rule or regulation of the Securities and Exchange Commission, or any provision of Federal law relating to fraud against shareholders,
when the information or assistance is provided to or the investigation is conducted by: a Federal regulatory or law enforcement agency; any Member of Congress or any committee of Congress; a person with supervisory authority over the employee; or such other person working for the employer who has the authority to investigate, discover, or terminate misconduct
Sarbanes-Oxley also protects :
workers who have commenced, or are about to commence, a proceeding for enforcement of any requirement imposed under the law.
Protection can begin as soon as the evidence suggests that management thought the worker might be a witness in a future enforcement proceeding. Similarly, filing a grievance, contacting the media, refusing to perform illegal assignments, and other forms of standing up against violations of the law can be protected. Even complaints that are indirect or misdirected may result in protection if they reveal to management the intention to enforce the law. For employees assigned to accounting, quality control or enforcement work, doing that work too well is also protected.
However, if the employee has concealed the protected activity from the employer, then an issue might arise about whether the employer knew about it before imposing the retaliatory action. For this reason, some whistleblowers will notify the employer directly, through a means that establishes the date on which the employer received the notice. Certified mail, email, and faxes can all provide evidence of the date of receipt. Sometimes, the employer's investigation or interrogation of an employee can reveal employer knowledge of the protected activity.
The employee is not required to prove the underlying violation. The employee needs only a "reasonable basis" to believe that a violation might have occurred. Under Sarbanes-Oxley, internal disclosures (complaints made to a supervisor) are protected, but under the Dodd-Frank Act, disclosures are limited to disclosures made to the SEC.
Thought of the Week
"Whisper networks are a double-edged sword: the same secrecy that protects victims and whistleblowers can shield perpetrators as well."
–Sarah Jeong, The Verge
Weekly Comic by Jerry King
Blog of the Week
Top Five News Headlines
List of the Week
from Workplace Fairness
Top Searches for Whistleblower Laws This Week:
- Federal Employee Whistleblowers: Whistleblower Protection Act
- Trucking Whistleblowers: Surface Transportation Assistance Act
- Corporate Whistleblowers: Sarbanes-Oxley/Dodd-Frank
- Environmental Whistleblowers: Occupational Safety and Health Act
Weekly: Archive
Select a date from the list below.
- December 28, 2020
- December 14, 2020
- December 7, 2020
- November 23, 2020
- November 16, 2020
- November 9, 2020
- November 2, 2020
- October 26, 2020
- October 12, 2020
- October 5, 2020
- September 28, 2020
- September 21, 2020
- September 14, 2020
- September 7, 2020
- August 31, 2020
- August 24, 2020
- August 17, 2020
- August 10, 2020
- July 27, 2020
- July 20, 2020
- July 13, 2020
- July 6, 2020
- June 22, 2020
- June 15, 2020
- June 1, 2020
- May 25, 2020
- May 18, 2020
- May 11, 2020
- May 4, 2020
- April 27, 2020
- April 20, 2020
- April 13, 2020
- April 6, 2020
- March 30, 2020
- March 23, 2020
- March 16, 2020
- March 9, 2020
- March 2, 2020
- February 24, 2020
- February 17, 2020
- February 10, 2020
- February 3, 2020
- January 27, 2020
- January 20, 2020
- January 13, 2020
- December 23, 2019
- December 16, 2019
- December 9, 2019
- December 2, 2019
- November 25, 2019
- November 18, 2019
- November 11, 2019
- November 4, 2019
- October 28, 2019
- October 7, 2019
- September 30, 2019
- September 16, 2019
- September 2, 2019
- August 26, 2019
- July 29, 2019
- July 15, 2019
- June 17, 2019
- June 10, 2019
- May 6, 2019
- April 29, 2019
- April 22, 2019
- April 15, 2019
- April 8, 2019
- March 25, 2019
- March 11, 2019
- March 4, 2019
- February 25, 2019
- February 18, 2019
- February 11, 2019
- January 28, 2019
- January 21, 2019
- January 14, 2019
- December 17, 2018
- December 3, 2018
- November 26, 2018
- November 5, 2018
- October 29, 2018
- October 15, 2018
- October 8, 2018
- October 1, 2018
- September 24, 2018
- September 10, 2018
- September 3, 2018
- August 29, 2018
- August 6, 2018
- July 23, 2018
- June 25, 2018
- June 18, 2018
- June 11, 2018
- June 4, 2018
- May 28, 2018
- May 21, 2018
- May 7, 2018
- April 30, 2018
- April 23, 2018
- April 16, 2018
- April 9, 2018
- April 2, 2018
- March 26, 2018
- March 19, 2018
- March 12, 2018
- February 26, 2018
- February 5, 2018
- January 29, 2018
- January 22, 2018
- January 8, 2018
- January 1, 2018
- December 18, 2017
- December 11, 2017
- December 4, 2017
- November 27, 2017
- November 13, 2017
- November 6, 2017
- October 30, 2017
- October 23, 2017
- October 16, 2017
- October 9, 2017
- October 2, 2017
- September 25, 2017
- September 18, 2017
- September 11, 2017
- September 4, 2017
- August 28, 2017
- August 21, 2017
- August 14, 2017
- August 7, 2017
- July 31, 2017
- July 24, 2017
- July 17, 2017
- July 3, 2017
- June 26, 2017
- June 12, 2017
- June 5, 2017
- May 29, 2017
- May 22, 2017
- May 15, 2017
- May 8, 2017
- May 1, 2017
- April 24, 2017
- April 19, 2017
- April 10, 2017
- April 3, 2017
- March 20, 2017
- March 13, 2017
- March 6, 2017
- February 27, 2017
- February 20, 2017
- February 13, 2017
- February 6, 2017
- January 30, 2017
- January 23, 2017
- January 16, 2017
- January 9, 2017
- January 2, 2017
- December 19, 2016
- December 12, 2016
- December 5, 2016
- November 21, 2016
- November 14, 2016
- November 7, 2016
- October 31, 2016
- October 24, 2016
- October 17, 2016
- October 10, 2016
- October 3, 2016
- September 26, 2016
- September 19, 2016
- September 12, 2016
- September 5, 2016
- August 29, 2016
- August 22, 2016
- August 15, 2016
- August 8, 2016
- August 1, 2016
- July 25, 2016
- July 18, 2016
- July 11, 2016
- July 4, 2016
- June 27, 2016
- June 20, 2016
- June 13, 2016
- June 6, 2016
- May 30, 2016
- May 23, 2016
- May 16, 2016
- May 9, 2016
- May 2, 2016
- April 25, 2016
- April 18, 2016
- April 11, 2016
- April 4, 2016
- March 28, 2016
- March 21, 2016
- March 14, 2016
- March 7, 2016
- February 29, 2016
- February 22, 2016
- February 15, 2016
- February 8, 2016
- February 1, 2016
- January 25, 2016
- January 18, 2016
- January 11, 2016
- January 4, 2016
- December 21, 2015
- December 14, 2015
- December 7, 2015
- November 30, 2015
- November 23, 2015
- November 16, 2015
- November 9, 2015
- November 2, 2015
- October 26, 2015
- October 19, 2015
- October 12, 2015
- October 5, 2015
- September 28, 2015
- September 21, 2015
- September 14, 2015
- September 7, 2015
- August 31, 2015
- August 24, 2015
- August 17, 2015
- August 10, 2015
- August 3, 2015
- July 27, 2015
- July 20, 2015
- July 13, 2015
- July 6, 2015
- June 29, 2015
- June 22, 2015
- June 15, 2015
- June 8, 2015
- June 1, 2015
- May 25, 2015
- May 18, 2015
- May 11, 2015
- May 4, 2015
- April 27, 2015
- April 20, 2015
- April 13, 2015
- April 6, 2015
- March 30, 2015
- March 23, 2015
- March 16, 2015
- March 9, 2015
- March 2, 2015
- February 23, 2015
- February 16, 2015
- February 9, 2015
- February 2, 2015
- January 26, 2015
- January 19, 2015
- January 12, 2015
- January 5, 2015
- December 29, 2014
- December 15, 2014
- December 8, 2014
- December 1, 2014
- November 7, 2014
- October 15, 2014
- October 8, 2014
- October 1, 2014
- September 24, 2014
- September 17, 2014
- September 11, 2014
- September 3, 2014
- August 19, 2014
- July 14, 2014
- June 24, 2014
- June 9, 2014
- May 26, 2014
- May 19, 2014
- May 5, 2014
- April 27, 2014
- April 14, 2014
- April 8, 2014
- April 2, 2014
- March 24, 2014
- March 18, 2014
- March 10, 2014
- March 3, 2014
- February 24, 2014
- February 17, 2014
- February 3, 2014
- January 27, 2014
- January 20, 2014
- December 30, 2013
- December 11, 2013
- December 4, 2013
- November 20, 2013
- November 12, 2013
- October 30, 2013
- October 21, 2013
- October 8, 2013
- October 1, 2013
- September 23, 2013
- September 20, 2013
- September 9, 2013
- September 4, 2013
- August 27, 2013
- August 19, 2013
- August 12, 2013
- August 5, 2013
- July 30, 2013
- July 22, 2013
- July 8, 2013
- July 1, 2013
- June 24, 2013
- June 17, 2013
- June 10, 2013
- June 3, 2013
- May 20, 2013
- May 13, 2013
- May 6, 2013
- April 29, 2013
- April 23, 2013
- April 16, 2013
- April 15, 2013
- April 8, 2013
- April 1, 2013
- March 26, 2013
- March 18, 2013
- March 12, 2013
- March 5, 2013
- February 25, 2013
- February 19, 2013
- February 4, 2013
- January 28, 2013
- January 22, 2013
- January 14, 2013
- January 7, 2013
- January 2, 2013
- December 24, 2012
- December 17, 2012
- December 10, 2012
- December 3, 2012
- November 26, 2012
- November 19, 2012
- October 29, 2012
- October 22, 2012
- October 15, 2012
- October 8, 2012
- October 1, 2012
- September 24, 2012
- September 17, 2012
- September 10, 2012
- September 4, 2012
- August 27, 2012
- August 20, 2012
- August 14, 2012
- August 6, 2012
- July 30, 2012
- July 23, 2012
- July 9, 2012
- June 19, 2012
- June 11, 2012
- June 4, 2012
- May 29, 2012
- May 21, 2012
- May 8, 2012
- April 30, 2012
- April 23, 2012
- April 16, 2012
- April 2, 2012
- March 27, 2012
- March 19, 2012
- March 13, 2012
- March 6, 2012
- February 14, 2012
- February 6, 2012
- January 30, 2012
- January 17, 2012
- January 9, 2012
- January 3, 2012
- December 27, 2011
- December 12, 2011
- November 27, 2011
- November 20, 2011
- November 13, 2011
- November 7, 2011
- October 24, 2011
- October 17, 2011
- October 10, 2011
- October 3, 2011
- September 26, 2011
- September 12, 2011
- September 5, 2011
- August 29, 2011
- August 1, 2011
- July 11, 2011
- July 4, 2011
- June 27, 2011
- June 20, 2011
- May 23, 2011
- May 9, 2011
- April 26, 2011
- April 18, 2011
- April 14, 2011
- April 5, 2011
- March 28, 2011
- March 21, 2011
- March 7, 2011
- February 28, 2011
- February 21, 2011
- February 15, 2011
- February 7, 2011
- January 24, 2011
- January 3, 2011
- December 20, 2010
- December 13, 2010
- December 6, 2010
- November 21, 2010
- November 14, 2010
- November 8, 2010
- November 1, 2010
- October 18, 2010
- October 4, 2010
- September 27, 2010
- September 20, 2010
- September 6, 2010
- August 30, 2010
- August 16, 2010
- August 9, 2010
- August 2, 2010
- July 26, 2010
- July 19, 2010
- July 12, 2010
- June 28, 2010
- June 21, 2010
- June 14, 2010
- June 7, 2010
- May 31, 2010
- May 24, 2010
- May 17, 2010
- May 10, 2010
- May 3, 2010
- April 26, 2010
- April 19, 2010
- April 12, 2010
- April 5, 2010
- March 29, 2010
- March 22, 2010
- March 15, 2010
- March 8, 2010
- March 1, 2010
- February 22, 2010
- February 14, 2010
- February 8, 2010
- February 1, 2010
- January 25, 2010
- January 18, 2010
- January 11, 2010
- January 4, 2010
- December 28, 2009
- December 21, 2009
- December 14, 2009
- December 7, 2009
- November 30, 2009
- November 22, 2009
- November 15, 2009
- November 8, 2009
- November 1, 2009
- October 26, 2009
- October 12, 2009
- October 5, 2009
- September 28, 2009
- September 21, 2009
- September 14, 2009
- September 6, 2009
- August 31, 2009
- August 17, 2009
- August 10, 2009
- August 3, 2009
- July 27, 2009
- July 20, 2009
- July 13, 2009
- July 6, 2009
- June 29, 2009
- June 22, 2009
- June 15, 2009
- June 8, 2009
- June 1, 2009
- May 25, 2009
- May 18, 2009
- May 8, 2009
- April 27, 2009
- April 20, 2009
- April 13, 2009
- April 6, 2009
- March 30, 2009
- March 23, 2009
- March 16, 2009
- March 8, 2009
- March 2, 2009
Areas of Practice
Suite 1850,
Monday | 7:30 AM - 6:00 PM |
Tuesday | 7:30 AM - 6:00 PM |
Wednesday | 7:30 AM - 6:00 PM |
Thursday | 7:30 AM - 6:00 PM |
Friday | 7:30 AM - 6:00 PM |
Saturday | 7:30 AM - 6:00 PM |
Sunday | Closed |