A JOHNSON COUNTY AREA EMPLOYMENT ATTORNEY FOR KANSAS EMPLOYEES |
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Michael M. Shultz is a
Kansas employee
rights attorney who
represents
employeesin
wrongful discharge
and termination
cases, including
those under the
Sarbanes Oxley law.
Mike is located in
Westwood in Johnson
County, Kansas, but
he represents clients
all across the state of
Kansas, including
Wichita, Topeka,
Lawrence, Emporia
and Manhattan.
Wherever you live in
the state, Mike can
work with you. Give
him a call for a free
consultation
concerning your
Kansas employment
rights.
Kansas employee
rights attorney who
represents
employeesin
wrongful discharge
and termination
cases, including
those under the
Sarbanes Oxley law.
Mike is located in
Westwood in Johnson
County, Kansas, but
he represents clients
all across the state of
Kansas, including
Wichita, Topeka,
Lawrence, Emporia
and Manhattan.
Wherever you live in
the state, Mike can
work with you. Give
him a call for a free
consultation
concerning your
Kansas employment
rights.
| Kansas employment law attorney representing Kansas employees in employment disputes concerning wrongful discharge and termination under state and federal law, including the Sarbanes Oxley law. Mike represents wrongful discharge and termination clients in Kansas City, Johnson County, Overland Park, Topeka, Wichita, and across the state of Kansas. Kansas employees who believe their employers have violated their rights under the Sarbanes Oxley law should contact a competent Kansas employment rights attorney who knows federal and Kansas law. |
| Michael M. Shultz In Johnson and Douglas Counties 913-385-9955 |
THE OCCUPATIONAL SAFETY AND HEALTH ACT
(OSHA) AND SARBANES OXLEY
Congress enacted the Sarbanes Oxley bill to help reduce the frequency
of financial wrong doing in publicly traded companies. The law has
many parts, but the part most important to the average employee is the
protection given to whistle blowers. In general, the law protects
employees who report suspected financial and other wrong doing to
management or to outside agencies who have oversight concerning the
company. The law requires that an employee who believes that he has
been retaliated against for whistle blowing must file a charge with OSHA.
The Occupational Safety and Health Act is designed to regulate
employment conditions relating to occupational safety and health and to
achieve safer and more healthful work places throughout the nation.
The Act provides for a wide range of substantive and procedural rights
for employees and representatives of employees. The Act also
recognizes that effective implementation and achievement of its goals
depend in large measure upon the active and orderly participation of
employees, individually and through their representatives, at every level
of safety and health activity.
To help ensure that employees are, in fact, free to participation in safety
and health activities, Section 11(c) of the Act prohibits any person from
discharging or in any manner discriminating against any employee
because the employee has exercised rights under the Act.
These rights include complaining to OSHA and seeking an OSHA
inspection, participating in an OSHA inspection, and participating or
testifying in any proceeding related to an OSHA inspection.
OSHA also administers the whistle blowing provisions of thirteen other
statutes, protecting employees who report violations of various trucking,
airline, nuclear power, pipeline, environmental, and securities laws.
A person filing a complaint of discrimination or retaliation will be required
to show that he or she engaged in protected activity, the employer knew
about that activity, the employer subjected him or her to an adverse
employment action, and the protected activity contributed to the adverse
action. Adverse employment action is generally defined as a material
change in the terms or conditions of employment. Depending upon the
circumstances of the case, "discrimination" can include:
Firing or laying off
Blacklisting
Demoting
Denying overtime or promotion
Disciplining
Denial of benefits
Failure to hire or rehire
Intimidation
Reassignment affecting prospects for promotion
Reducing pay or hours
The procedures to protect your rights are complicated. The Department
of Labor assigned OSHA to handle complaints of retaliation, and you
must file a charge there before you can go to federal court.
THE SARBANES OXLEY WHISTLE BLOWER LAW
§1514A. Civil action to protect against retaliation in fraud cases
(a) WHISTLEBLOWER PROTECTION FOR EMPLOYEES OF PUBLICLY
TRADED COMPANIES.--No company with a class of securities
registered under section 12 of the Securities Exchange Act of 1934 (15
U.S.C. 781), or that is required to file reports under section 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 780(d)), or any officer,
employee, contractor, subcontractor, or agent of such company, may
discharge, demote, suspend, threaten, harass, or in any other manner
discriminate against an employee in the terms and conditions of
employment because of any lawful act done by the employee--
(1) to provide information, cause information to be provided, or
otherwise assist in an investigation regarding any conduct which the
employee reasonably believes constitutes a violation of section 1341,
1343, 1344, or 1348, any rule or regulation of the Securities and
Exchange Commission, or any provision of Federal law relating to fraud
against shareholders, when the information or assistance is provided to
or the investigation is conducted by--
(A) a Federal regulatory or law enforcement agency;
(B) any Member of Congress or any committee of Congress; or
(C) a person with supervisory authority over the employee (or such
other person working for the employer who has the authority to
investigate, discover, or terminate misconduct); or
(2) to file, cause to be filed, testify, participate in, or otherwise assist in a
proceeding filed or about to be filed (with any knowledge of the
employer) relating to an alleged violation of section 1341, 1343, 1344,
or 1348, any rule or regulation of the Securities and Exchange
Commission, or any provision of Federal law relating to fraud against
shareholders.
(b) ENFORCEMENT ACTION.--
(1) IN GENERAL.--A person who alleges discharge or other
discrimination by any person in violation of subsection (a) may seek
relief under subsection (c), by--
(A) filing a complaint with the Secretary of Labor; or
(B) if the Secretary has not issued a final decision within 180 days of the
filing of the complaint and there is no showing that such delay is due to
the bad faith of the claimant, bringing an action at law or equity for de
novo review in the appropriate district court of the United States, which
shall have jurisdiction over such an action without regard to the amount
in controversy.
(2) PROCEDURE.--
(A) IN GENERAL.--An action under paragraph (1)(A) shall be governed
under the rules and procedures set forth in section 42121(b) of title 49,
United States Code.
(B) EXCEPTION.--Notification made under section 42121(b)(1) of title
49, United States Code, shall be made to the person named in the
complaint and to the employer.
(C) BURDENS OF PROOF.--An action brought under paragraph (1)(B)
shall be governed by the legal burdens of proof set forth in section
42121(b) of title 49, United States Code.
(D) STATUTE OF LIMITATIONS.--An action under paragraph (1) shall
be commenced not later than 90 days after the date on which the
violation occurs.
(c) REMEDIES.--
(1) IN GENERAL.--An employee prevailing in any action under
subsection (b)(1) shall be entitled to all relief necessary to make the
employee whole.
(2) COMPENSATORY DAMAGES.--Relief for any action under
paragraph (1) shall include--
(A) reinstatement with the same seniority status that the employee would
have had, but for the discrimination;
(B) the amount of back pay, with interest; and
(C) compensation for any special damages sustained as a result of the
discrimination, including litigation costs, expert witness fees, and
reasonable attorney fees.
(D) RIGHTS RETAINED BY EMPLOYEE.--Nothing in this section shall be
deemed to diminish the rights, privileges, or remedies of any employee
under any Federal or State law, or under any collective bargaining
agreement.
(OSHA) AND SARBANES OXLEY
Congress enacted the Sarbanes Oxley bill to help reduce the frequency
of financial wrong doing in publicly traded companies. The law has
many parts, but the part most important to the average employee is the
protection given to whistle blowers. In general, the law protects
employees who report suspected financial and other wrong doing to
management or to outside agencies who have oversight concerning the
company. The law requires that an employee who believes that he has
been retaliated against for whistle blowing must file a charge with OSHA.
The Occupational Safety and Health Act is designed to regulate
employment conditions relating to occupational safety and health and to
achieve safer and more healthful work places throughout the nation.
The Act provides for a wide range of substantive and procedural rights
for employees and representatives of employees. The Act also
recognizes that effective implementation and achievement of its goals
depend in large measure upon the active and orderly participation of
employees, individually and through their representatives, at every level
of safety and health activity.
To help ensure that employees are, in fact, free to participation in safety
and health activities, Section 11(c) of the Act prohibits any person from
discharging or in any manner discriminating against any employee
because the employee has exercised rights under the Act.
These rights include complaining to OSHA and seeking an OSHA
inspection, participating in an OSHA inspection, and participating or
testifying in any proceeding related to an OSHA inspection.
OSHA also administers the whistle blowing provisions of thirteen other
statutes, protecting employees who report violations of various trucking,
airline, nuclear power, pipeline, environmental, and securities laws.
A person filing a complaint of discrimination or retaliation will be required
to show that he or she engaged in protected activity, the employer knew
about that activity, the employer subjected him or her to an adverse
employment action, and the protected activity contributed to the adverse
action. Adverse employment action is generally defined as a material
change in the terms or conditions of employment. Depending upon the
circumstances of the case, "discrimination" can include:
Firing or laying off
Blacklisting
Demoting
Denying overtime or promotion
Disciplining
Denial of benefits
Failure to hire or rehire
Intimidation
Reassignment affecting prospects for promotion
Reducing pay or hours
The procedures to protect your rights are complicated. The Department
of Labor assigned OSHA to handle complaints of retaliation, and you
must file a charge there before you can go to federal court.
THE SARBANES OXLEY WHISTLE BLOWER LAW
§1514A. Civil action to protect against retaliation in fraud cases
(a) WHISTLEBLOWER PROTECTION FOR EMPLOYEES OF PUBLICLY
TRADED COMPANIES.--No company with a class of securities
registered under section 12 of the Securities Exchange Act of 1934 (15
U.S.C. 781), or that is required to file reports under section 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 780(d)), or any officer,
employee, contractor, subcontractor, or agent of such company, may
discharge, demote, suspend, threaten, harass, or in any other manner
discriminate against an employee in the terms and conditions of
employment because of any lawful act done by the employee--
(1) to provide information, cause information to be provided, or
otherwise assist in an investigation regarding any conduct which the
employee reasonably believes constitutes a violation of section 1341,
1343, 1344, or 1348, any rule or regulation of the Securities and
Exchange Commission, or any provision of Federal law relating to fraud
against shareholders, when the information or assistance is provided to
or the investigation is conducted by--
(A) a Federal regulatory or law enforcement agency;
(B) any Member of Congress or any committee of Congress; or
(C) a person with supervisory authority over the employee (or such
other person working for the employer who has the authority to
investigate, discover, or terminate misconduct); or
(2) to file, cause to be filed, testify, participate in, or otherwise assist in a
proceeding filed or about to be filed (with any knowledge of the
employer) relating to an alleged violation of section 1341, 1343, 1344,
or 1348, any rule or regulation of the Securities and Exchange
Commission, or any provision of Federal law relating to fraud against
shareholders.
(b) ENFORCEMENT ACTION.--
(1) IN GENERAL.--A person who alleges discharge or other
discrimination by any person in violation of subsection (a) may seek
relief under subsection (c), by--
(A) filing a complaint with the Secretary of Labor; or
(B) if the Secretary has not issued a final decision within 180 days of the
filing of the complaint and there is no showing that such delay is due to
the bad faith of the claimant, bringing an action at law or equity for de
novo review in the appropriate district court of the United States, which
shall have jurisdiction over such an action without regard to the amount
in controversy.
(2) PROCEDURE.--
(A) IN GENERAL.--An action under paragraph (1)(A) shall be governed
under the rules and procedures set forth in section 42121(b) of title 49,
United States Code.
(B) EXCEPTION.--Notification made under section 42121(b)(1) of title
49, United States Code, shall be made to the person named in the
complaint and to the employer.
(C) BURDENS OF PROOF.--An action brought under paragraph (1)(B)
shall be governed by the legal burdens of proof set forth in section
42121(b) of title 49, United States Code.
(D) STATUTE OF LIMITATIONS.--An action under paragraph (1) shall
be commenced not later than 90 days after the date on which the
violation occurs.
(c) REMEDIES.--
(1) IN GENERAL.--An employee prevailing in any action under
subsection (b)(1) shall be entitled to all relief necessary to make the
employee whole.
(2) COMPENSATORY DAMAGES.--Relief for any action under
paragraph (1) shall include--
(A) reinstatement with the same seniority status that the employee would
have had, but for the discrimination;
(B) the amount of back pay, with interest; and
(C) compensation for any special damages sustained as a result of the
discrimination, including litigation costs, expert witness fees, and
reasonable attorney fees.
(D) RIGHTS RETAINED BY EMPLOYEE.--Nothing in this section shall be
deemed to diminish the rights, privileges, or remedies of any employee
under any Federal or State law, or under any collective bargaining
agreement.
| SARBANES OXLEY LAW |