When filing a claim for retaliation for whistleblowing under the SOX ACT of 2002, is it necessary to file a complaint with DOL?

Asked 4 months ago - Akron, OH

I was unaware of what could be done regarding the violation and when I became aware it was past the 180 days time frame. Can I still file a claim of retaliation in Federal court will the case be thrown out because I did not exhaust the legal process by filing with DOL/OSHA? Please Help.

Attorney answers (2)

  1. Rachel Anne Sabo

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . A complaint under the Sarbanes Oxley Act of 2002 must be filed with the Department of Labor, in writing, within 90 days of when the employee learns that he or she will, or has been, subjected to discrimination, harassment or retaliation. Based on what you've said, it sounds like that time frame has already passed. If you have other questions or need clarification, it is always good to contact an employment attorney to be sure.

  2. David William Neel

    Contributor Level 12

    Answered . If you were terminated from your job you might still have a case under the Ohio common law claim of wrongful discharge in violation of public policy. The public policy would be found in SOX or another federal or state statute. Take a look at neellaw.com/wrongful-termination for more information about wrongful terminations.

    My responses/answers are not legal advice and should not be considered or relied upon as such. The purpose of my... more

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