ARB Breaks New Ground In FedEx Whistleblower Case

Law360, New York (August 15, 2011, 7:50 PM EDT) -- The U.S. Department of Labor's Administrative Review Board recently revived a whistleblower case brought by a Federal Express Corp. courier who said she was suspended for complaining about suspected mail fraud by a FedEx customer, a ruling lawyers say is the first in which the board has held that reports of third-party conduct can constitute protected activity under the Sarbanes-Oxley Act.

The ARB's July 8 ruling in Funke v. Federal Express Corp., which reversed an administrative law judge's conclusion that FedEx employee Heidi Funke had failed...
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