Whistleblower Protection
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Employment Law · Lesson 14
Whistleblower Protection
這一課問的是：員工因檢舉僱主不法是否依告密法受保護？
ActorActObjectStandardConsequence
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
whistleblower
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Employee reporting employer's illegal or improper conduct.
告密人。
Sarbanes-Oxley
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§806: protects employees of public companies reporting securities/fraud violations.
SOX。
Dodd-Frank
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Securities Act whistleblower bounties and retaliation protections.
Dodd-Frank。
False Claims Act
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Qui tam — relator sues on behalf of US, shares recovery; retaliation protected.
False Claims Act。
public policy
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Common-law wrongful discharge for whistleblowing.
公共政策保護。
Rule Sentence · the workhorse
Federal whistleblower statutes — including Sarbanes-Oxley §806, Dodd-Frank, the False Claims Act, and OSHA §11(c) — protect employees from retaliation for reporting violations of law; state whistleblower statutes and the common-law public-policy exception provide additional protection.
Mini IRAC · build the Application
Issue. Is P, fired after reporting D's securities fraud to the SEC, protected under federal whistleblower statutes?
Rule. Sarbanes-Oxley §806 and Dodd-Frank protect employees of public companies from retaliation for reporting suspected securities violations.
Application (model). P reported D's securities fraud to the SEC and was fired in retaliation. Because SOX §806 and Dodd-Frank protect employees from retaliation for whistleblowing on securities violations, the fact that P reported securities fraud to a covered authority and was fired in retaliation means the federal whistleblower protections apply.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, P is protected and may seek reinstatement, back pay, and attorneys' fees.
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: