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Sarbanes-Oxley Act Attorneys in Michigan
Defending Employees' Rights Throughout the United States
Protecting White Collar Workers from Employment Discrimination and Retaliation
If you work for a publicly traded company and fear retaliation for having opposed certain types of illegal activity, you may have legal rights which protect you from being terminated or if you have been terminated to file a legal action to recover the damages you have sustained. Before you sign any papers, which give up these rights, it is absolutely essential that you consult with an attorney.
There are short time limits to take action, and the law firm of Huizenga & Hergt, P.C., is prepared to give you quick and thorough advice. The law is complex and not easily grasped by those who are unfamiliar with it. Nevertheless, here is some information you may find useful as you investigate your rights.
The Sarbanes-Oxley Act
Section 806 of the Sarbanes-Oxley Act prohibits publicly-traded companies from discharging or, in any manner, discriminating against an employee in the terms and conditions of employment because that employee provided information to a person with supervisory authority over the employee regarding any conduct which he or she reasonably believed constituted a violation of section 1341 [mail fraud], 1343 [wire fraud], 1344 [bank fraud], 1348 [securities fraud], any rule or regulation of the [SEC] or any provision of federal law relating to fraud against shareholders.
To have a case under the Sarbanes-Oxley Act, an employee must prove that (1) he/she engaged in protected activity; (2) the employer knew or suspected, actually or constructively, that the employee engaged in the protected activity; (3) the employee then suffered an unfavorable personnel action; and (4) the protected activity was a contributing factor in the unfavorable action (This may be shown by the employee suffering an adverse action shortly after engaging in protected activity.)
Time Is of the Essence
To preserve your right to file a lawsuit against your employer, you must first file a complaint with the Secretary of Labor. This complaint must be filed within 90 days of the date the employer took adverse action against the employee. It is important that the complaint set forth facts, which support each element. After the complaint has been filed with the Secretary of Labor and 180 days have lapsed the employee may then file a complaint in the appropriate United States District Court.
Seek Legal Advice Before Filing a Complaint
Before you make a complaint with the Secretary of Labor, we strongly believe that it would be to your advantage to first obtain legal advice so that your complaint properly includes the required elements of a case. You do not want to wade through the complexities of this law by yourself.
For high quality legal representation and responsive client service, contact the Sarbanes-Oxley Act lawyer at Huizenga & Hergt, P.C., today.