Administrative Review Board adopts lower standard of adverse action in SOX retaliation claims
September 28, 2011 - Comments Off
The Department of Labor Administrative Review Board has reversed the finding of an Administrative Law Judge in Menendez v. Halliburton Inc., 09-002 & 09-003, and has set a lower standard for whistleblower for demonstrating their employers have taken adverse action against them in Sarbanes-Oxley whistleblower cases. The case involves Anthony Menendez, the former Director of Technical Accounting Research& [...]
U.S. Department of Labor awards $75,000 in compensatory damages for emotional pain and suffering to Sarbanes-Oxley whistleblower
September 27, 2011 - Comments Off
The Department of Labor Administrative Review Board recently affirmed the decision of an Administrative Law Judge in a case that awarded compensatory damages for emotional pain and suffering, mental anguish, embarrassment, and humiliation in a Sarbanes-Oxley whistleblower retaliation case, and without the testimony of a medical or psychiatric professional. The case, Andrea L. Brown v. [...]
OSHA investigation finds Bond Laboratories, Inc. guilty of SOX retaliation charge, orders reinstatement and back-pay of $500,000
September 22, 2011 - Comments Off
Bond Laboratories and its former CEO Scott Landow illegally terminated an employee in violation of the 2002 Sarbanes-Oxley Act, according to an Department of Labor’s Occupational Safety and Health Administration (OSHA) investigation. The 2002 Sarbanes-Oxley Act, or “SOX,” passed in the wake of accounting scandals at Enron and Wordbank which sparked a crisis in investor [...]
Department of Labor Orders Bank of America to Pay Whistleblower $930,000
September 16, 2011 - 1 Comment
The Department of Labor has ordered the reinstatement and compensation of a Countrywide whistleblower fired shortly after the company merged with Bank of America in 2008. The whistleblower, whose name is not given, conducted an investigation of Countrywide in 2007 and found “egregious fraud spread throughout the entire region” involving “pervasive wire, mail and bank [...]
Boeing SOX Whistleblowers File Supreme Court Petition
September 16, 2011 - Comments Off
Boeing whistleblowers Nicholas P. Tides and Matthew Craig Neumann filed a petition requesting that the Supreme Court overturn a Ninth Circuit Court ruling that the Sarbanes-Oxley Act of 2002 (SOX) provisions do not protect employees who disclose information to the press. This summer the Ninth Circuit court ruled that SOX prevents retaliation against whistleblowers who [...]