Alternative Dispute Resolution Can Work Well in Whistleblower Cases

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When Congress passed the Sarbanes-Oxley Act of 2002, it included a whistleblower provision (Section 806) that protected employees of public companies who were victims of retaliation after they had either disclosed or complained about fraudulent acts by their employers.

Since then, the number of cases that can be brought under SOX has been significantly increased. In the 2014 case of Lawson v. FMR, for example, the U.S. Supreme Court ruled that contractors, subcontractors and agents of certain public companies could be held liable for retaliation.

Whistleblower protections were also boosted when Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. Under that law, employees have greatly expanded rights to seek protection and relief from retaliation on the part of their employers.

An alternative way to resolve whistleblower claims

Overall, the number of ways in which whistleblowers can take action against their employers has increased, as have the protections to whistleblowers themselves, dramatically increasing thee whistleblower claims filed each year throughout the country. Considering the highly sensitive information involved in such claims and the fact that many companies would rather keep these allegations away from the public eye, this can make whistleblower cases prime candidates for alternative dispute resolution (ADR).

Pre-lawsuit mediation, for example, could help resolve a whistleblower action before a full claim arises, meaning the issue can be put to bed before it goes public.

In some circumstances, it could be sensible for both parties to find a resolution by binding arbitration. Unlike lawsuits, arbitration proceedings are completely confidential. Experienced arbitrators or arbitration panels who have deep knowledge of whistleblower law can offer all parties involved a forum in which they may efficiently and privately resolve their disputes.

For more information and guidance on the use of alternative dispute resolution when it comes to whistleblower claims, speak with a knowledgeable Dallas attorney at Whistleblower Law for Managers.

By Steve Kardell | Published March 7, 2016 | Posted in Uncategorized | Tagged ADR program, Dodd-Frank Wall Street Reform and Consumer Protection Act, Sarbanes-Oxley Act

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"Steve Kardell was terrific in representing me in some very adversarial discussions with Citigroup and also later represented me in my testimony before the Financial Crisis Inquiry Commission." -Richard Bowen, Citigroup Whistleblower
"Incredible knowledge of employee related concerns and equally brilliant knowledge of health care regulations, standards of practice. I would recommend this firm to anyone." -V.B.
"Reaching out to Steve Kardell was the best decision I made. His ability to provide immediate insight and direction was very powerful, and a huge relief during a very stressful time period. For anyone struggling with a whistleblower situation, I would highly recommend at least speaking with Steve. After a 10 minute call with him, I had a better understanding of what I was dealing with. Even better, he gave me some immediate hope. In the end Steve did a better job than I thought was possible. Steve was able to get in contact with people in my organization, that I didn’t have access to. Because of his years of experience, he already has contacts in many organizations in Dallas. The entire situation was handled peacefully. I was impressed by his ability to “keep the peace”–rather than creating a battle with the organization. The reason I didn’t reach out to a lawyer initially, was because I thought it would mean an immediate end to any hope of a positive relationship with the company. Steve was able to address my concerns, and in the end I was able to continue to work for them." -KS
"Never thought my career would end like it did after 30 years of service. I was part of the first round of the so called reduction of force. I asked myself how can I be part of this with 30 years of seniority. How did they pick these 90 plus employees? Now, the culture of this organization made you question every decision they made. It wasn’t what you knew it’s was a culture of who you know. Nonetheless, I did not accept their severance package. I immediately starting looking for an attorney who would take on my case. After the initial call to Steve I had hope again. He was open and honest about everything and reassured me he would do his best for me, and he did. I had an awesome outcome. Thanks Steve you’re the best." -S.S.