Sarbanes Oxley and Dodd-Frank Act July 25, 2012 Congress passed two major laws that include major protections for whistleblowers: In 2002, Congress passed the Sarbanes Oxley (SOX) Act, which protects whistleblowers who report securities laws violations. In July 2010, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”). Dodd-Frank amended SOX in several respects, significantly enhancing the protections available to whistleblowers in the financial services industry. Dodd-Frank, which applies to both public and privately held companies, states that an employer cannot retaliate against an employee for revealing any information that is protected or required under SOX; the Securities Exchange Act of 1934; and any other law, rule or regulation subject to the jurisdiction of the Securities and Exchange Commission. Dodd-Frank also protects employees who report truthful information relating to federal crimes. An employee who wins their case may receive up twice the amount of wages they lost due to retaliation, as well as attorneys’ fees. Dodd-Frank also allows for a whistleblower to receive cash awards of 10% to 30% of amounts that the SEC recovers based on the whistleblower’s report. There are many important considerations in any whistleblower case. We can assist you to make decisions and help you through this technical and complex area of the law. If you have questions about your rights under the Whistleblower Anti-Retaliation Laws or SOX/Dodd-Frank, please call us at 412.281.8400 or use our contact form.
Laws Prohibiting Retaliation Against Whistleblowers Feinstein Doyle Payne & Kravec, LLC fights for the rights of people who “blow the whistle” on illegal conduct at work and then are fired or otherwise retaliated against. Employees are often in the best position to witness and report unsafe or unlawful conduct in the workplace. Federal and state laws often protect whistleblowers and encourage them to report wrongdoing. Not all whistleblowing employees are protected, so it is very important to seek advice from an attorney before you tell a supervisor or government agency about: (1) a violation of a law or regulation; (2) a danger to public health or safety; (3) an abuse of authority; (4) gross mismanagement; or (5) a serious waste of funds. You do not have to be absolutely certain about the misconduct in order to be protected from retaliation but you do need to have a good-faith, reasonable belief about what you are reporting. There may be time limits on when and how to bring your claims, so it is best to promptly seek legal assistance. If your employer takes action against you for blowing the whistle, you may be able to recover back pay for wages and benefits lost due to retaliation, as well as other types of damages to compensate you. In some cases, whistleblower protection laws also provide for punitive or exemplary damages, which are intended to punish the wrongdoer and to keep others from similar misconduct. Most whistleblower protection laws allow for the employee who reports the wrongdoing to recover litigation costs, including attorneys’ fees. There are many important things to consider in any whistleblower case. We can help you to make decisions about what you should do. If you have questions about your rights under the Whistleblower Anti-Retaliation Laws, please call us at 412.281.8400 or use our contact form.
False Claims Act / Qui Tam Claims Feinstein Doyle Payne & Kravec, LLC represents individuals in lawsuits under the federal False Claims Act (“FCA”), in what are sometimes called “qui tam” cases. If you know that your employer is cheating the federal government (and in some instances cheating state or local governments) or misusing government funds, you may be able to sue on the government’s behalf under the FCA. (This is why such cases are also called “qui tam” actions, an abbreviation for a Latin phrase meaning, “[he] who sues in this matter for the king as [well as] for himself.”) The FCA applies to many different types of fraud against the government. Conduct that violates the FCA may include: billing the government at inflated prices; seeking payment for goods or services that were not actually provided bribing someone in order to obtain a government contract; using federal grant money for personal benefit; and overbilling Medicare or Medicaid. A significant reward is available to the persons (not the lawyers) who bring qui tam cases. This reward could be a percentage of the money recovered for the government. Millions of dollars have been awarded to people who have stepped forward to bring successful FCA suits. The law provides protection for those that speak up. If an employer punishes or fires an employee for reporting the employer’s wrongdoing under the FCA, the employer may have to pay damages to the employee and/or give the employee’s job back. The employer may also have to pay for the employee’s lawyer. There are many important things to know in any FCA case. We can help you to make decisions and guide you through this technical and complex area of the law. If you have questions about your rights under the FCA or Whistleblower Anti-Retaliation Laws, please call us at 412.281.8400 or use our contact form.
