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Sarbanes-Oxley retaliation claim Vs violation of Public policy and reinstatement?

Long Beach, CA |

If you believe you have a claim on Sarbanes-Oxley retaliation claim and violation of Public policy for wrongful termination by a publicly traded company, is asking for reinstatement is advisable? Company had made a lot of changes to comply since the wrongful termination and therefore it is not a hostile environment to return to work.

Apparently an employer will be ordered to reinstate under SOX?

Does violation of Public policy allows for reinstatement?

The link below states reinstatement under public policy - is it correct? What are the Remedies for Wrongful Termination? Wrongful termination claims must usually be investigated by a government agency first before a private lawsuit may be filed. If the investigating agency finds that the employer is in violation, possible remedies may include: Restoring the employee to their previous employment position Paying the employee lost wages and reinstating any benefits Making necessary changes to policies and employee handbooks

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Attorney answers 3


If you believe returning to the workplace is a good decision for you, then that should be the decision you make. A lawsuit under S-O would get you reinstatement and limited financial compensation. A lawsuit for wrongful termination in violation of public policy can only give you a verdict for damages unless you can negotiate reinstatement as a settlement term prior to judgment.

I have always counseled that most of the time a job is far superior to a lawsuit, which should be a last resort option.

Good luck to you.

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Pls see the additional information I posted: I found a link that identifies reinstatement.

Neil Pedersen

Neil Pedersen


"Wrongful termination claims must usually be investigated by a government agency first before a private lawsuit may be filed. " NOT TRUE.

Neil Pedersen

Neil Pedersen


The source you got that information from is simply wrong. The government authorities, be they the DFEH or the EEOC will not investigate claims of wrongful termination in violation of public policy. That tort is beyond the jurisdiction of those agencies. They only have jurisdiction to investigate claims of violation of certain statutes over which they have been tasked with enforcing. That would be FEHA or Title VII/ADA/ADEA respectively. The tort of wrongful termination in violation of public policy has not government oversight agency that can or will investigate the claim prior to filing of a lawsuit with that cause of action. That said, there are many cases where a violation of one of the statutes will also constitute a wrongful termination in violation of public policy, and if so, you can file an administrative complaint based on the violation of the specific statute, but not the separate claim of wrongful termination. Be careful getting advice from the web. You have no idea about the competence level of the people writing those articles.


That is a great question and a great strategic idea. If you were to write a complimentary letter about the positive workplace reforms recently implemented since you were fired, maybe an enlightened management team would consider taking you back.

The letter shows that you are acting as a reasonable, responsible person willing to forgive. I am also wondering, for litigation purposes, whether this letter might make a nice piece of evidence. If the employer refused to take you back, the question is why?

In my 21 years of experience in representing employers and employees, very few employers want to take back an employee who has previously filed claims, so do not take it personally if the answer is not.

You may want to consider the idea of proposing mediation to see if these reinstatement issues can be worked out together, with the help of a neutral.

Again, great question and good luck.

David Mallen

David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies.


Returning to work can be an excellent solution or it can end in disaster. Without knowing details of the workplace and reasons you are no longer there, it is hard to comment. Were the changes the employer made relevant to the reason you were terminated? Are the management and HR personnel involved in your termination or line of supervision still there? Would you be supplanting another employee? Are there safeguards available to prevent or minimize retaliation? How strong is your chance of success in litigation? Do you have an attorney? What court are you in?

All of these are considerations. You might wish to spend a few hours with an employment attorney to discuss pros and cons, strategy, and how to best protect yourself should you negotiate a satisfactory return to work agreement. For this type of assistance, you can expect to pay hourly. Plaintiffs employment attorneys in California charge anywhere from $250 to $750 an hour depending on many factors including experience, area of law, geographic location, work load, interest in the case, difficulty of the case and more. You should expect to need at least three hours for this kind of consultation.

To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is Click on "Find a CELA Member" and you can search by location and practice area. Many CELA attorneys represent clients throughout the state.

I hope you can resolve your situation and wish you the best. *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***