Write a brief introduction to the paper as to what this case is about, include the whistleblower-protection provisions of the 2002 Sarbanes-Oxley Act, specifically of California’s Whistleblower Statutes?
After doing your research based on the information above, are the employees of subsidiaries covered under the SARBOX Act? Why or why not? If not, shouldn’t they?
Was the Department of Labor “violating the “spirit and goals” of a federal law aimed at protecting employees who report corporate wrongdoing?” Why or why not? Write a compelling argument.
As an employer, supervisor, manager, HR Director, etc., what are your specific responsibilities towards employees who have, or may be preparing to “blow the whistle”, on your companies’ practices or policies according to Section 1102.5 of the California Labor Code?
How should companies go about properly engaging in the activity of correcting the issues raised by the whistleblower?
Conclusion: Regarding the Mize-Kurzman v. Marin Community College District (2012) 202 Cal.App.4th 832); “In this case, the trial court allowed the jury to consider the evidence of plaintiff’s retirement benefits on the issue of damages. It allowed the jury to determine whether to reduce her damages, if any, and the amount by which any damages would be reduced. No California case cited by the parties or found by us [Opinion of the Court] discusses the question whether the availability of retirement benefits may be considered in mitigation of damages sustained by a wrongfully terminated or demoted employee.” Therefore, “The judgment is reversed and the matter remanded for retrial in accordance with the views set forth herein. Plaintiff shall recover her costs on this appeal.” In your conclusion of this paper, discuss the importance of this case and its significance, in your own words as to how this effects the business environment from a legal standpoint. Also briefly discuss the ramifications, had this case not been remanded, and how it could have effected existing Whistleblowing laws on a state and federal level.
Tags: privacy rights Sarbanes Oxley Act Fresno City College Federal Law labor department SARBOX Act procedure of whistleblowing