SOX Whistleblowers Protection

Posted in Practical Whistle blower Advice
at 19/10/2007

What Remedies are Available for a Protected SOX Whistleblower



A successful SOX whistleblower may obtain “all relief necessary to make the employee whole”.   Examples are reinstatement with full related rights and benefits, back pay with interest, and any special damages you can prove you incured as a result of the employers adverse employment actions. Reputational damages have been awared to Sarbanes Oxley Whistleblowers.  The SOX whistleblower is aslo entitled to recover his or her reasonable attorney fees, expert fees, witness fees and other litigation fees.

The Sarbanes Oxley statute also provides that a prevailing employer in a SOX whistleblowing case may be awarded attorneys fees not to exceed $1,000, but only if it is determined that teh employee’s case was frivolous or brought bad faith.

 All Sox Whistleblowers should be aware that the remedies afforded by Sarbanes Oxley do not premept other federal or state claims, such as wrongful termination, wrongful discharge or defamation.


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