Atlanta Sarbanes-Oxley (SOX) Whistleblower Retaliation Lawyer

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    In the aftermath of the massive corporate financial scandals involving Enron, WorldCom, and Global Crossing, Congress enacted the Sarbanes-Oxley Act (SOX) in 2002 to address weaknesses in the federal securities laws.

    SOX also protects whistleblowers that provide information about certain violations of federal securities laws or various forms of fraud, including fraud against shareholders. SOX prohibits employers from retaliating against employee whistleblowers who report improper SOX conduct, and it also protects those who participate in related proceedings.

    Under 18 U.S.C. § 1514A, employee whistleblowers are protected from discharge, demotion, suspension, or being threatened or harassed or discriminated against for engaging in such protected activity.

    Is My Employer Covered by SOX?

    The anti-retaliation provision of SOX covers employees of companies:

    With a class of securities registered under Section 12 of the Securities Exchange Act of 1934, or that are required to file reports under Section 15(d) of the Securities Exchange Act of 1934, including any subsidiaries or affiliates whose financial information is included in the consolidated financial statements of such company; and, employees of nationally recognized statistical ratings organizations. (18 U.S.C. § 1514A)

    What Types of SOX Damages Can I Recover From My Employer?

    If you prevail, you can recover:

    • Lost back pay – covers wages, salary, and benefits that you lost as a result of your employer’s treatment.
    • Reinstatement – with the same seniority that you would have had, but for the retaliation.
    • Past pecuniary damages – These out-of-pocket expenses typically occur as the result of retaliation. They include such things as job-hunting expenses, moving costs, medical fees, and other quantifiable out-of-pocket expenses.
    • Future pecuniary damages – These are likely to occur after resolution of your discrimination-related complaint. They include things such as future medical expenses and compensation for loss of earning potential.
    • Non-pecuniary damages – These compensate for losses that cannot be specifically quantified that occur as a result of discrimination. Such damages include pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and loss of reputation.

    Attorneys’ fees and costs can also usually be recovered.

    In some cases, you might also qualify for a large whistleblower reward. For instance, if you provide information to the SEC that helps them enforce monetary sanctions exceeding $1M against your employer, you might be entitled to receive anywhere from 10-30% of the total penalties that the SEC recovers from your employer.

    Allen & Scofield Injury Lawyers, LLC Can Help

    If you’re thinking about blowing the whistle on your employer’s SOX violation(s), or you have already blown the whistle and your employer is retaliating against you, you should immediately contact a SOX whistleblower lawyer. The attorneys at Allen & Scofield Injury Lawyers, LLC have successfully represented SOX whistleblowers for more than a decade. We will help you develop a comprehensive legal strategy to maximize your chances of recovering significant compensation from the harms caused by your employer.

    Call us today at (404) 419-6674, or reach out through our online contact form to schedule a free, initial evaluation of your case.

    "Charles is an excellent trial attorney who possesses a unique talent to hone in on the significant issues and turn the Defendant’s strengths against them. Charles is as honest as the day is long and works tirelessly to ensure that his clients receive all that is possible. While no lawyer is perfect, Charles strives to be as good a lawyer as there is on this planet, and he succeeds!"
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