whistleblowers are protected
from retaliation
In recent years, many courageous people have reported to government agencies illegal conduct that occurred at their workplaces. Because of the efforts of these “whistleblowers,” illegal activity that would have otherwise never been discovered has been investigated, stopped and prosecuted. Federal and state laws provide protection for whistleblowers from retaliation by their employers.
Whistleblower claims are subject to very short time limitations, so if you believe your employer retaliated against you because you reported illegal activity or fraud, please contact us to possibly schedule a consultation to discuss your legal rights and options. You can also click here to get a Questionnaire to complete and return to us for one of our attorneys to review.
protections
The Sarbanes-Oxley Act (SOX) was passed in 2002 in the wake of corporate scandals, such as the fall of Enron. SOX gives employees of publicly traded companies protection from retaliation when they report activity they reasonably believe to be a violation of federal securities laws, the rules of the Securities and Exchange Commission, or any federal law relating to fraud against shareholders. Those companies are also now required to adopt a business code of ethics and put in place a program to accept, review and even solicit employee reports concerning fraud and illegal conduct.
Under the SOX law, an employee who reports illegal conduct to an appropriate authority is protected from retaliation by his or her employer and cannot be fired, suspended, demoted, harassed or otherwise discriminated against because of what he or she reported. Employees who are retaliated against, may sue their employer, be reinstated to their job and recover their damages. A complaint of retaliation must be filed with the U.S. Secretary of Labor by an employee within 90 days of the date of the retaliatory conduct.
The Texas Whistleblower Act is not as broad as SOX. The Texas Act protects only public employees — those employed by state or local government agencies — who, in good faith, report to an appropriate law enforcement authority a violation of the law by their employer, or by a fellow government employee. People who are not public employees cannot file a whistleblower claim under the Texas Act.
A public employee who wishes to file a whistleblower claim must file suit within 90 days after the alleged violation occurred or after the employee discovered the violation. However, if the government agency has an internal complaint procedure, the employee must initiate that procedure before filing suit.
If you believe your employer illegally retaliated against you because you reported illegal activity or fraud, please click here, fill out our questionnaire, and return it to our office, or contact us by phone or email. |
