SOX Whistleblowers Protection

Posted in SOX Whistleblowers
at 20/10/2007

What are a SOX Whistleblower’s Chances of Winning?



The initial statistics are not favorable for a Sarbanes Oxley protected whistle-blower. Recent reports from the Department of Labor (”DOL”) indicate that SOX whistle blowers prevail only about ten percent of the time.

 Why? 

Many explanations come to mind. First, the more egregious cases are settled and resolved before the courts rule on the complaint.  Second,  SOX whistleblower protection is still relatively new and everyone continues to learn  what is and is not a “protected activity” or what constitutes discriminatory conduct against the SOX whistleblower.

What can a protected employee do?  That will be the subject of a later post, but the most important tip would be to protect him or herself. Don’t let an employer set you up and turn the investigation towards you instead of the truly culpable party.

Blaming the victim is the oldest trick in the book!


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