Sarbanes-Oxley

Our Dallas based attorneys investigate and pursue claims for retaliatory discharge on behalf of employees of publically traded companies who reported fraud, dishonesty or other prohibited conduct the witnessed in the workplace.

Employees who work for publicly traded companies or companies that are required to file certain reports with the Securities and Exchange Commission (also known as the SEC) are protected from retaliation for reporting alleged violations of mail, wire, bank, or securities fraud; violations of rules or regulations of the SEC; or federal laws relating to fraud against shareholders.

A company is covered by section 806 of the Sarbanes-Oxley Act of 2002 (the Act) if it has a class of securities registered under Section 12 of the Securities Exchange Act, or is required to file reports under Section 15(d) of that Act. Its contractors, subcontractors, or agents may also be covered.

If an employer is covered under the Act, it may not discharge or in any manner retaliate against
an employee because he or she:

• provided information
• caused information to be provided, or
• assisted in an investigation by a federal regulatory or law enforcement agency, a member or committee of Congress, or an internal investigation by the company relating to an alleged violation of mail fraud, wire fraud, bank fraud, securities fraud, or violating SEC rules or regulations or federal laws relating to fraud against shareholders.

In addition, an employer may not discharge or in any manner retaliate against an employee because he or she filed, caused to be filed, participated in or assisted in a proceeding under one of these laws or regulations. If an employer takes retaliatory action against an employee because he or she engaged in any of these protected activities, the employee can file a complaint with OSHA.

An employer may be found to have violated the Act if an employee’s protected activity was a contributing factor in the employer’s decision to take unfavorable employment action against the employee. Such actions may include:

• Discharge or layoff
• Blacklisting
• Demoting
• Denial of overtime or promotion
• Disciplining
• Denial of benefits
• Failure to hire or rehire
• Intimidation
• Reassignment affecting prospects for promotion
• Reduction in pay or hours

Complaints must be filed within 90 days after an alleged violation of the Act occurs (that is, when the complainant becomes aware of the retaliatory action). An employee, or representative of an employee, who believes that he or she has been retaliated against in violation of the Act may file a complaint with OSHA.

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