SOX Whistleblowers Protection

Allen v. ARB is not all bad for Whistleblowers. In fact it should provide some help for the whistleblowers effort to get the claim heard by his or her peers.  While the Fifth Circuit’s opinion last week is being touted as a victory for publicly traded companies, the opinion does shed important light on the scope of protected activity, including a finding that typically the question of whether the whistleblower had a subjective reasonable belief will be a question of fact.  This is will enable the whistleblower to argue that his or her case should be determined by a jury trial. This will hopefully force the publicly traded company to try its case in front of the last people it wants to consider its actions — a jury of the whistleblower’s peers!SOX whistleblowerswhistleblowers helpwhistleblowers protectionwrongful termination