Thursday, January 15, 2009

9th Circuit: SOX Whistleblower Claim Properly Denied

The Department of Labor properly affirmed an administrative review board's dismissal of a whistleblower claim under Sarbanes-Oxley Act Section 1514A, concluded a 9th Circuit panel. The employee, who reported alleged accounting improprieties by his employer, Intel Corp., to the SEC did establish a prima facie case of retaliatory behavior. However, the review board found, and the Labor Department properly affirmed, that Intel rebutted the presumption of improper conduct by presenting sufficient evidence of performance-related causes for the termination.

The appellate panel's decision was unpublished.

Halloum v. Dept. of Labor