What Every Employee Of
A Public Company Should Know
About The Sarbanes-Oxley Act

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6. Does that mean that if I am an employee of a contractor for one of the companies and I am retaliated against, demoted, fired, suspended, threatened or harassed or discriminated against because I refused to engage in fraudulent or illegal conduct on behalf of the public company that hired us I am protected by the Whistleblower Provision of Sarbanes-Oxley? Answer: Possibly. The Sarbanes-Oxley Whistleblower Provision only covers employees of publicly traded companies. However, the Whistleblower Provision protects employees of public companies from retaliation by “contractors, subcontractors and agents of public companies.” If your employment as a contractor puts you in a position where your duties are virtually the same as regular employees of the company, it could be argued that you are a “de facto” employee and should be protected. However, the Courts have yet to rule on this question! Congress enacted The Sarbanes-Oxley Whistleblower Provision to protect Americans against Enron and Worldcom type fraud that many employees were afraid to report for fear of losing their jobs or being retaliated against.

7. Why did Congress pass a federal law to protect employees of public companies instead of leaving that job to state regulators? Answer: Congress decided to enact a federal law because it wanted to set a “national floor for employee protection in public companies throughout the United States.” This means that all employees of public companies in the United States have the same legal rights and protections under the Sarbanes-Oxley Whistleblower Provision.

8. How do I file a claim? Answer: The first thing to do is consult with an attorney experienced in Sarbanes-Oxley Whistleblower Protection. Most local attorneys have no experience litigating these claims. Almost all of the big corporate law firms are representing the big corporations and will not represent individuals.

9. How do I find an experienced Sarbanes-Oxley Attorney? You already have! We are currently litigating a Sarbanes-Oxley Whistleblower Complaint before the Department of Labor in Washington, DC. The defendant is a ten billion dollar corporation. With our offices here in Washington, DC, the Manley Law Firm specializes in federal litigation before all federal courts, administrative agencies and tribunals. Bravitt Manley has practiced for two federal agencies, represented several federal agencies as private counsel and defended complex federal cases in several federal courts.

10. How much time do I have to file my complaint after an incident in which I am discriminated against, harassed, fired or threatened? Answer: Section 806(b)(2)(D) of the Sarbanes-Oxley Whistleblower Provision requires that an action must be filed “not later than ninety (90) days after the date on which the violation occurs. This means it is critical that you consult with experienced Whistleblower Counsel as soon as possible after you have been harmed in any way. Do not permit your employer to force you into arbitration or send you to personnel to try and kill your claim by letting the statute of limitations expire. Call Bravitt Manley as soon as you have a problem or e-mail us. We are here to help you.

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