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What is the burden a SOX whistleblower must meet to prove retaliation? | Zuckerman Law | Experienced Whistleblower Advocates | Jason Zuckerman | https://www.zuckermanlaw.com/ | (202) 262-8959 | 1629 K St NW, Ste 300, Washington, DC 20006


A corporate whistleblower proceeding under the Anti-Retaliation Provision of the Sarbanes-Oxley Act can prevail merely by showing that the protected activity was a contributing factor in the adverse personnel action. The question is, is it more likely than not that their protected activity played any role whatsoever in that adverse employment action? The employee need not show that the protected activity was the only reason for the adverse employment action. This is a relatively low burden for a corporate whistleblower.