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Faqs Category Archives:

August 21

Does SOX protect internal reporting or only external reporting to regulators?

SOX protects both internal reports (to supervisors, compliance departments, or audit committees) and external reports to government agencies, as long as the employee reasonably believes the conduct violates SOX-related laws or regulations.

August 21

What is the statute of limitations for a SOX whistleblower retaliation claim?

A complaint must be filed with OSHA within 180 days of the alleged retaliation. If OSHA does not issue a final decision within 180 days, the complainant may bring the claim in federal court.

August 21

What remedies are available if I win a SOX retaliation claim?

Successful claimants may receive reinstatement to their former position, backpay with interest, compensation for special damages (including litigation costs and attorney’s fees), and other equitable relief.

August 21

Who is covered by SOX whistleblower protections?

SOX applies to employees of publicly traded companies, their subsidiaries and affiliates, and certain contractors, subcontractors, and agents who perform work for these companies.

August 21

What types of misconduct are covered by SOX whistleblower protections?

SOX protects employees who report conduct they reasonably believe constitutes fraud against shareholders, securities violations, mail or wire fraud, bank fraud, or violations of SEC rules and regulations.

August 21

How do I file a retaliation claim under SOX?

You must file a complaint alleging retaliation with the Occupational Safety and Health Administration (“OSHA”) within 180 days of the retaliatory action.

August 21

Can I receive a reward for reporting under SOX?

Not directly under SOX, but you may be eligible for a reward under the SEC’s whistleblower program if the reported misconduct falls under SEC jurisdiction.

August 21

What is Section 806 of SOX?

Section 806 prohibits retaliation against employees who report shareholder fraud, including securities violations.

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