SOX Whistleblowers Protection

SOX WHISTLEBLOWER PROTECTED ACTIVITY.

 A STOCK ANALYST’S STATEMENT AT A REVIEW MEETING THAT SHE WOULD REFUSE TO CHANGE A STOCK RATING WAS NOT PROTECTED ACTIVITY WHERE SHE DID NOT VOICE A BELIEF THAT A CHANGE WOULD VIOLATE A SECURITIES LAW AND SHE WAS NOT DIRECTED TO CHANGE THE RATING

In Getman v. Administrative Review Board, USDOL, No. 07-60509 (5th Cir. Feb. 13, 2008) (unpublished), the Fifth Circuit Court of Appeals  affirmed the ARB’s holding that the Complainant employee, a research analyst for a securities company, had not engaged in protected activity under SOX when she refused to recommend a high rating for a stock she reported on. A review committee had questioned her rating and asked for her reasoning. At the end of the meeting, the Complainant told the committee that they could change the rating but that she would not sign on to the change. She did not, however, inform the committee that she believed that changing the rating would violate any securities law. Moreover, none of the committee members told her to change the rating.

SOX whistleblowers

whistleblowers help

whistleblowers protection

wrongful termination