Tel: (414) 431-1920
The Sarbanes-Oxley Act is a Federal law that protects whistleblowers from adverse employment actions like termination or being fired from a job for disclosing information they reasonably believe constitutes a violation of Securities Exchange Commission rules or regulations when the information is provided to certain persons or entities, to include among others, a person with supervisory authority over the employer or such other person working for the employer who has the authority to investigate, discovery or terminate misconduct. 18 U.S.C. 1514A(a)(1)(C). Such disclosures made by a whistleblower to a federal regulatory agency are also protected by Sarbanes-Oxley. 18 U.S.C. 1514A(a)(1)(A).
Whistleblowers under this law have protection from employment retaliation under the Dodd-Frank Act at 15 U.S.C. 78u-6(h)(1)(A)(iii). Violations of a whistleblower’s rights under the Dodd-Frank Act are subject to claims to be brought in the U.S. District Courts. 15 U.S.C. 78u-6(h)(1)(B). Remedies, or relief, provided under the act includes reinstatement to the job, double any lost wages, with interest, and compensation for litigation expenses to include costs, expert witness fees and reasonable attorneys’ fees. 15 U.S.C. 78u-6(h)(1)(C).
For more information about Dodd-Frank Whistleblower protections, see our page on Dodd-Frank Whistleblower Employment Claims.
Claims under the Dodd-Frank Act for Whistleblowing must be brought within the applicable statute of limitations. The law at 15 U.S.C. 78u-6(h)(B)(iii) provides:
(I) In general. An action under this subsection may not be brought--
(aa) more than 6 years after the date on which the violation of subparagraph (A) occurred; or
(bb) more than 3 years after the date when facts material to the right of action are known or reasonably should have been known by the employee alleging a violation of subparagraph (A).
(II) Required action within 10 years. Notwithstanding subclause (I), an action under this subsection may not in any circumstance be brought more than 10 years after the date on which the violation occurs.
Whether your rights were violated is a fact intensive inquiry. We review potential claims of employment discrimination on an individual consultation basis, where we discuss what occurred, the law and whether we are interested in representing you in pursuing a violation. To find out more, contact us.