Скачать или смотреть What is an employer's burden in a SOX whistleblower case?

What is an employer's burden in a SOX whistleblower case? | Zuckerman Law | Experienced Whistleblower Advocates | Jason Zuckerman | https://www.zuckermanlaw.com/ | (202) 262-8959 | 1629 K St NW, Ste 300, Washington, DC 20006


Under the anti-retaliation provision of the Sarbanes-Oxley Act the employee can prevail merely by showing by preponderance of the evidence that their protected activity was a contributing factor in the adverse employment action. Once the employee has met that fairly low burden, the employer can avoid liability only if it can show by clear and convincing evidence a very elevated burden that it would've taken the same adverse employment action in the absence of the employee having blown the whistle.