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Employment law group - How to fulfill with sarbaines oxley attorney
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Posted On :
Sep-01-2011
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Article Word Count :
538
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The sarbaines oxley act is a piece of legislation indented to impose behavior and disclosure requirements on corporation and their agents which includes executives, accountants as well as attorneys.
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The sarbaines oxley act is a piece of legislation indented to impose behavior and disclosure requirements on corporation and their agents which includes executives, accountants as well as attorneys The sarbaines oxley in Employment law group attorney gives support to the disclosure of corporate fraud by protecting employees of public traded companies who report illegal activities.
The SOX whistleblowers protections were included in response to a culture supported by law that supported by law which dampen employees from fraudulent behavior not only to proper authorities.
There are several rules of sarbaines oxley in Employment law group:
1. You need an attorney to report with the evidence of a material violation determined according to an objective standard within the issuer to the chief legal counsel.
2. explain the rules cover attorneys providing legal services to the issuer who have an attorney.
3. Allows an issuer to establish a qualified legal compliance committee as an alternative procedure for reporting evidence of a material violation. Such a QLCC consists of at least one member of the issuer audit committee and have the responsibility among other design to recommend that the issuer implement an appropriate response to evidence of a material violation.
4. Affirmatively states that the rules do not create a private cause of action and that authority to enforce compliance.
5. States that rules govern in the event the rules conflict with the state law but will not preempt the ability of a state to impose more rigorous obligations on attorneys that are not inconsistent with rules.
The SOX whistleblowers are contained in title VIII of the sox designated by the corporate as well as Criminal Fraud Accountability Act of 2002.
A prevailing sox whistleblower will be made wholly by being returned to the same position he or she would absent the retaliation. The sox authorizes
Back pay for lost wages
Reinstatement
Litigation costs
The employee can file up with the department of labor within 180 days of the employee becoming aware of the retaliatory action
The attorneys at the employment group have a substantial experience representing employees in Sarbanes-Oxley whistleblower proceedings before the Department of Labor (DOL) and have helped establish precedent on several key aspects of the Sarbanes-Oxley Act (SOX).
Section 806 prohibits employers from taking adverse employment actions against SOX whistleblowers which include
Termination discharge
Demotion
Suspension
Failing to hire or promote
Threats, harassments or other intimidation
Prohibit
The whistleblowers have to prove the following
1. He or she engaged in protected conduct.
2. The employer has knowledge of protected document
3. The employer took an adverse employment against him
4. The protected conduct was a contributing factor in the employer decision to take adverse employment action.
Law Group law firm made another SOX precedent in which the court held employers are banned from retaliating against SOX whistleblowers who report fraud or violations that are dedicated by third parties. If you have uncovered a SOX violation you have been the subject of retaliation because of protected disclosure then you should contact employment law group law firm.
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Article Source :
http://www.articleseen.com/Article_Employment law group - How to fulfill with sarbaines oxley attorney_78576.aspx
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Author Resource :
Visit website for more information about SOX lawyer or sarbaines oxley attorney
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Keywords :
SOX lawyer, sarbaines oxley attorney,
Category :
Reference and Education
:
Legal
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