Whistleblower Status Up For Debate Before SCOTUS: Digital Realty Trust Inc. v. SomersOn December 1, 2017 by Schnader in Criminal Defense
The nation’s top court will soon decide a key aspect of how employers should handle employee complaints about possible fraud or financial wrongdoing in the company that may violate federal laws. These situations provide significant challenges for businesses, especially when the complaining employee is also potentially subject to termination or other adverse employment actions.
On November 28, 2017, the Supreme Court of the United States heard oral argument in Digital Realty Trust Inc. v. Somers. This important case may resolve a split among the Circuit Courts of Appeal about whether the Dodd-Frank Act protects internal whistleblowers from adverse employment actions. Some view the grant of oral argument and vocal support during the arguments as a signal the Court will narrow the anti-retaliation provisions of the Dodd-Frank Act.
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