What were the legal issues in this case? What did the court decide?
What were the legal issues in this case? What did the court decide?
What are the elements of a whistleblower protection (Retaliation) claim under the SOX Act? What arguments does the employer make in its attempt to show that the plaintiff failed to establish the necessary elements of her claim?
Why does the court reject the employer’s arguments and rule for the plaintiff?
Do you agree that the plaintiff was constructively discharged? Why or why not? That she reasonably believed that she was reporting fraud of the type covered by the SOX Act? Why or why not?
Why do you suppose the managers at Lockheed Martin acted as they did? What are some practical implications of this case for employers?
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The plaintiff claimed that the employer violated the Sarbanes – Oxley Act by constructively discharging her from her employment. She had been subjected to adverse working conditions at her employment. Her job was advertised and she was not allowed to apply for it. At the same time, she was supposed to be protected as a whistle blower.
The court decided that Brown had been constructively discharged. Her performance were stated to be lower and her position advertised. Own had also called her and mocked her that she needed to get her resume together. Despite the time it took to rep…
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