Does a SOX whistleblower need to prove that the employer's reason for the adverse action is untrue? No, under a recent holding of the Department of Labor's administrative review board a corporate whistle blower proceeding under the anti retaliation provision of the Sarbanes Oxley Act need only show that their protected conduct was a contributing factor in that adverse employment action. That's a relatively low burden. Did the protected activity have any influence whatsoever on that adverse employment action? Employee need not show that the employer's reason for the adverse action is untrue as long as the protected activity had any role in the adverse action.
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