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DOL ARB Affirms Dismissal of SOX Whistleblower Claim - Vimarsana News

DOL ARB Affirms Dismissal of SOX Whistleblower Claim

Friday, February 19, 2021 On December 17, 2020, the Administrative Review Board (“ARB”) of the U.S. Department of Labor affirmed the dismissal of a former employee’s whistleblower retaliation claim under Section 806 of SOX.  The ARB concluded that the Complainant did not engage in protected activity, noting that his complaints regarding a lack of what he characterized as “internal controls” were inadequate.  The ARB also concluded that the Respondent showed it would have terminated Complainant’s employment even in the absence of his alleged protected activity.   Backg...