» Sarbanes-Oxley Act (“SOX”)

CEO’s failure to act promptly results in an inability to demonstrate wrongful termination

Executives often find themselves in a dilemma when they discover that, due to no fault of their own, their employer may be running afoul of the law.  If they report the illegal activity, they may face demotion or termination.  On the other hand, if they remain silent or acquiesce to the activities, they run the risk of becoming accessories to the actions and can potentially face criminal or civil liability themselves.  Fortunately, employees are not without legal protections of their own.  For example, the Sarbanes-Oxley Act (“SOX”) protects whistleblowers of publicly-traded companies by prohibiting employers from retaliating against them for providing information about potentially illegal conduct.  However, a recent opinion from t… Read More