Need help with written filing to OSHA regarding retaliation 1287



  • My former employer (a privately held company) discharged me for inadequate performance during the fall of last year which I think was total BS. While employed, I observed many illegal acts but I wanted to be perceived as being ‘loyal’ and ‘dedicated,’ so I kept my mouth shut. After being discharged, I decided that I would ‘whistleblow’ and report some of the corporate wrongdoing I observed to the feds. While trying to ascertain where to file a whistleblower complaint regarding ‘wining and dining’ of an outside federal contractor, I anonymously contacted a federal employee within the FAA. Within two weeks of that contact, I received a letter from my former employer’s lawfirm saying ‘we know you contacted the FAA anonymously.’ They proceeded to file for a temporary restraining order (I said big deal) and then filed a complaint for damages alleging defamation among other things (which I only recently learned about). I am 99% certain that the federal employee I contacted anonymously ‘ratted’ me out to my former employer who then turned around and retaliated against me in the civil courts. Before I received any correspondence from my employer’s lawfirm, I did successfully file a whistleblower complaint with the Office of the Inspector General which is currently under investigation. Following the retaliation by my former employer’s lawfirm, I then filed a complaint with the OSHA Office of Investigative Assistance. I am now being asked to file a formal ‘written filing’ detailing how my former employer retalaited against me under the Sarbanes Oxley (SOX) Act of 2002. Since I reported a violation of a federal statute to the FAA, do SOX protections extend to ex-employees of privately held companies? If not, how would I make an agrument in my ‘written filing’ that they should apply to ex-employees like me who legitimately report wrongdoing and whistleblow? Is there previous precedent by some administrative law judge which I could quote in my ‘written filing?’



  • My former employer (a privately held company) discharged me for inadequate performance during the fall of last year which I think was total BS. While employed, I observed many illegal acts but I wanted to be perceived as being ‘loyal’ and ‘dedicated,’ so I kept my mouth shut. After being discharged, I decided that I would ‘whistleblow’ and report some of the corporate wrongdoing I observed to the feds. While trying to ascertain where to file a whistleblower complaint regarding ‘wining and dining’ of an outside federal contractor, I anonymously contacted a federal employee within the FAA. Within two weeks of that contact, I received a letter from my former employer’s lawfirm saying ‘we know you contacted the FAA anonymously.’ They proceeded to file for a temporary restraining order (I said big deal) and then filed a complaint for damages alleging defamation among other things (which I only recently learned about). I am 99% certain that the federal employee I contacted anonymously ‘ratted’ me out to my former employer who then turned around and retaliated against me in the civil courts. Before I received any correspondence from my employer’s lawfirm, I did successfully file a whistleblower complaint with the Office of the Inspector General which is currently under investigation. Following the retaliation by my former employer’s lawfirm, I then filed a complaint with the OSHA Office of Investigative Assistance. I am now being asked to file a formal ‘written filing’ detailing how my former employer retalaited against me under the Sarbanes Oxley (SOX) Act of 2002. Since I reported a violation of a federal statute to the FAA, do SOX protections extend to ex-employees of privately held companies? If not, how would I make an agrument in my ‘written filing’ that they should apply to ex-employees like me who legitimately report wrongdoing and whistleblow? Is there previous precedent by some administrative law judge which I could quote in my ‘written filing?’ %0AI am specifically interested in someone’s interpretation of the following amendment (under the Sarbanes Oxley Act of 2002):%0ASEC. 1107. RETALIATION AGAINST INFORMANTS.%0A(a) IN GENERAL. Section 1513 of title 18, United States Code, is amended by adding at the end the following:%0A’(e) Whoever knowingly, with the intent to retaliate, takes any action harmful to any person, including interference with the lawful employment or livelihood of any person, for providing to a law enforcement officer any truthful information relating to the commission or possible commission of any Federal offense, shall be fined under this title or imprisoned not more than 10 years, or both.’.


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