Case: Murray V. UBS Securities, LLC, 601 U.S. ___ (2024)
If you have blown the whistle or are thinking of blowing it, Davie & Valdez P.C. does not want you to feel alone during this stressful time and our New Mexico whistleblower claims lawyer is available for a free and confidential consultation.
Brief Facts
An investment research analyst said he was pushed to skew reports for a major bank. He refused, raised concerns, and was later fired. A jury found he was fired for whistleblowing under the Sarbanes-Oxley Act (SOX), but the court of appeals threw out the verdict by adding a requirement to prove the employer’s retaliatory intent.
What The Court Decided
The Supreme Court restored the verdict, explaining that SOX only requires the worker to show their protected activity was a “contributing factor” in the firing. They do not have to prove the employer acted with retaliatory animus. The employer can still win by proving it would have made the same decision anyway.
What This Means In Plain English
If you report suspected fraud or securities violations, you don’t need a “smoking gun” email showing your boss’s bad motive to be protected. It’s enough that your report played a role in the decision.
How This Affects Employees
Easier path for financial-sector and public-company whistleblowers to reach a jury.
Employers must show, with clear evidence, they would have taken the same action even without the report.
If you blew the whistle, keep records of what you reported, when, and to whom. Roger Davie of Davie & Valdez P.C. is a Board Certified Employment Lawyer who has been helping people throughout Texas and New Mexico with employment and other legal issues for over 35 years. Reach out to us today or whenever you are ready.
Note: This post summarizes recent developments and is not legal advice. Speak with a lawyer about your situation.