The Sarbanes-Oxley Act prohibits publicly traded companies from retaliating against employees who report what they reasonably believe to be instances of criminal fraud or securities law violations.
If an employer violates this provision, the employee can file a complaint with the Department of Labor seeking reinstatement, back pay, compensation, and other relief.
If there is no final decision from the Secretary of Labor with 180 days, the employee can file suit in federal court seeking the same relief.
Such an action must be commenced not later than 180 days after the date on which the violation occurs, or after the date on which the employee became aware of the violation.
A predispute arbtration agreement is not enforceable against such claims.
A whistleblower who invokes such a claim must prove that his protected activity was a contributing factor in the employer's personnel action, but need not prove that his employer acted with retaliatory intent. Murray v. UBS Securities, LLC, 601 U.S. __ (2024)