SOX Whistleblower Rights Post-Menendez

Law360, New York (October 25, 2011, 12:06 PM EDT) -- The whistleblower provision of the Sarbanes–Oxley Act ("SOX") protects an employee who provides information regarding fraud and violations of rules or regulations of the U.S. Securities and Exchange Commission. Toward that end, Section 806 states that no company "may discharge, demote, threaten, harass, or in any other manner discriminate against an employee in the terms and conditions of employment" because of the protected activity.

In the past few years, whistleblowers claiming they have been subjected to adverse employment actions for reporting violations under SOX have had...
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