Skilled attorneys represent workers seeking SEC whistleblower protection for exposing corporate fraud
If you work for a corporation you learn is engaged in financial fraud, you might feel powerless to expose it, for fear of losing your job. Fortunately, the Sarbanes-Oxley Act, a federal statute, offers conscientious employees like you protections from retaliation if you report your concerns to the government. Whether you have been terminated for reporting fraud or suspect it and want to know your rights, the attorneys at Cashdan & Kane, PLLC, with offices in Westfield, Newark and Jersey City, New Jersey as well as Washington, D.C., are ready to provide you with the advocacy you deserve. We will fight retaliatory actions aggressively and seek the remedies you are entitled to from your employer for violating federal whistleblower protections.
What is the Sarbanes-Oxley Act?
The Sarbanes-Oxley Act of 2002 was enacted in response to several notorious corporate financial fraud cases that resulted in massive losses to investors. It imposes a number of controls on all publicly traded corporations doing business in the United States and private companies preparing an initial public offering. The requirements that corporations must abide by under Sarbanes-Oxley include these:
- Senior corporate officers must certify that the company’s financial statements are reasonably accurate and comply with Securities & Exchange Commission (SEC) disclosure requirements.
- Managers and auditors must create internal controls and reporting methods to ensure the reliability of financial disclosures.
- Corporations must preserve certain business records.
Violations of any of these requirements may form the basis of a shareholder or securities lawsuit. In addition, criminal penalties can result for acts of securities fraud, false certification of financial statements, destruction of corporate audit records and destruction or falsification of records to obstruct an SEC investigation or other federal proceeding. We will advise you of what types of corporate wrongdoing violate the Sarbanes-Oxley Act and what option you can pursue if you discover them.
Knowledgeable advisers counsel employees on whistleblower protections
A key provision of the Sarbanes-Oxley Act prohibits retaliation against employees of publicly traded companies and of their contractors, subcontractors and agencies who engage in protected activities, such as:
- Reporting corporate fraud to federal law enforcement and regulatory agencies, Congress, the employee’s supervisor or the corporation’s own investigators
- Participating or testifying in SEC regulatory proceedings or federal government investigations of fraud against shareholders
Illegal retaliation can take the form of wrongful termination, demotion, reprimand, discipline, blacklisting or other adverse changes in the terms and conditions of employment. We can advise you on what whistleblower protections are available to you and will represent you aggressively in enforcing them.
Tenacious whistleblower advocates pursue retaliation claims
To pursue a claim against your employer, our firm will prepare and file a complaint with the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA). This complaint must be filed within 90 days of learning that you have been or will be subjected to discrimination, harassment or other forms of retaliation for your whistleblowing activities. You may be entitled to remedies that include:
- Reinstatement in your job
- Back pay, with interest
- Restoration of lost seniority, benefits and other employment rights
- Damages for emotional distress and loss of reputation
- Attorney fees and costs
- Affirmative relief, such as a letter of apology or posting of the decision in your favor
Whistleblowers perform a vital function in exposing illicit activity in the workplace. You can rely on us to present all available evidence and legal arguments to enforce your rights under the Sarbanes-Oxley Act and aggressively seek the damages you deserve.
Contact a dedicated whistleblower protection attorney in northern New Jersey and D.C.
If you need information on whistleblower protection under the Sarbanes-Oxley Act or are a victim of whistleblower retaliation, Cashdan and Kane, PLLC is ready to represent you. Call us at 908-264-9331 or contact us online to schedule an appointment at one of our offices in Westfield, Jersey City or Newark, New Jersey or Washington, D.C.