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Your Success | Our Goal
If you have been retaliated against at your place of employment for reporting or speaking out against your employer's unlawful conduct, you may be entitled to a host of legal remedies and compensation. Conforto Law Group provides aggressive advocacy during these often-stressful situations.
Preventing Corporate Fraud: Protecting the Sarbanes-Oxley WhistleblowerIf your employer threatens, terminates, suspends, or demotes you in any manner because of your verbal or written concerns over its fraudulent or illegal activities, you may have a Sarbanes-Oxley claim against your employer.
In 2002, the financial collapses of numerous companies, most notably Enron and WorldCom, caused the nation's legislators to realize that the Securities Exchange Act of 1934 alone could not effectively protect shareholders of publicly-traded companies from massive financial fraud. In considering the bill that would eventually become the Sarbanes-Oxley Act of 2002, the Report of the Senate Judiciary Committee noted that employees who attempted to blow the whistle on corporate improprieties during that time "were discouraged at nearly every turn." With this concern in mind, the Act was drafted to protect whistleblowers. Section 806 of the Sarbanes-Oxley Act specifically prohibits publicly traded companies from discriminating against employees in retaliation for reporting corporate fraud or accounting abuses.
To qualify as a "whistleblower" under Sarbanes-Oxley, an employee's concerns must be communicated to a supervisor, federal agency, or any Member of Congress. Where successful, a prevailing employee is entitled to job reinstatement, back pay and benefits, compensation for mental pain and suffering, and payments for loss of future earnings and professional reputation. A prevailing employee may also recover expenses incurred during the litigation process, including attorney's fees and other costs.
Retaliation Based on Status Within a Protected ClassAn employer also cannot retaliate against an employee who opposes, reports, or speaks out against discrimination that is based on a protected class, including age, gender, race and disability. Moreover, an employer cannot retaliate against an employee for reporting unlawful conduct such as sexual harassment or failure to comply with wage and hour laws.
The legal landscape of employment law is complex and constantly changing. Whistleblower laws are no exception. To arrange a consultation, contact Conforto Law Group online or at (617) 721-9139.
Your Success is Our Goal. Let us help. |
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