Last month, the Occupational Health and Safety Administration issued a Final Rule which sets forth the procedures by which specific categories of whistleblower retaliation complaints, namely those which are described in Section 806 of the Sarbanes-Oxley Act, will be handled by the Administration. The claims covered by the Final Rule may be brought by various classes of employees and contractors, and Section 806 protects them against retaliatory actions by their employers. These retaliatory actions, such as demotions or dismissals, are sometimes taken by companies, against whistleblowers, in connection with the whistleblowers’ actions in reporting violations of Securities and Exchange Commission rules or other laws to the appropriate authorities.
Now that the Occupational Health and Safety Administration has issued its Final Rule, whistleblowers can feel confident that if they experience retaliation after exposing wrongdoing on the part of their employer, the provisions of the new Final Rule support an outcome that will repair the damage that was done by the retaliation. Whistleblowers play an important role in ensuring that companies who break rules will be held accountable for their actions. It is hoped that the Final Rule will help deter companies from taking retaliatory actions against present and future whistleblowers, in addition to offering protection to those who have already experienced retaliation.
Another important feature of the recently issued Final Rule is that complaints may be made verbally. Section 806 complaints used to have to be written, and had to include a full description of the alleged wrongdoing. The Final Rule allows whistleblowers to verbally relate their complaint to an investigator from the Occupational Health and Safety Administration, who then reduces the complaint to writing. The Final Rule also provides for the reinstatement of the complainant to their former position while a dispute is pending, or, in the alternative, under the Final Rule, the complainant may collect the same pay and benefits that they would have been collecting in their former position, without having to return to work.
Barrett Law PLLC: Defending the Rights of Mississippi Whistleblowers
The Final Rule that was recently set forth by the Occupational Health and Safety Administration supports whistleblowers that have experienced retaliation as they went about their quests for justice. To learn more, or if you have experienced any type of retaliatory action at the hands of your employer, the Mississippi Whistleblower Attorneys at Barrett Law PLLC are here to help you. Our attorneys are skilled at navigating the complexities of whistleblower lawsuits, and they can help you pursue a successful resolution of your case. Call the hard working and dedicated whistleblower attorneys at Barrett Law PLLC today at 1 (800) 707-9577 to schedule your free, initial consultation.