by Countable | 2.22.18
The U.S. Supreme Court ruled unanimously on Wednesday that corporate whistleblowers must take their claims of alleged wrongdoing to the Securities and Exchange Commission to qualify for protections under the Dodd-Frank Act.
Justice Ruth Bader Ginsburg, writing for the court, ruled that Digital Realty Trust was within their legal right to fire Paul Somers in 2014 for reporting to senior management that his supervisor was hiding cost overruns.
“Somers did not provide information ‘to the Commission’ before his termination…so he did not qualify as a ‘whistleblower,’” Ginsburg wrote.
While the high court’s decision is seen as a win for corporate America, legal experts said it may backfire.
SCOTUS’ “ruling confirms that whistleblowers who report internally are not protected from retaliation. What is now abundantly clear is that employees should get a lawyer and go straight to the SEC," Chicago attorney James Barz told the L.A. Times.
Should Congress amend the Dodd-Frank Act? Or should they craft a new bill to protect whistleblowers? Should whistleblowers even be protected? Hit Take Action and tell your reps, then share your thoughts below.
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Written by Countable
Amend Dodd Frank and protect whistleblowers..they are needed more than ever now..look at the corruption running rampant in the government..cabinet positions heads of corporations and #45!!!
PROTECT WHISTLEBLOWERS THEY ARE AN IMPORTANT PART OF OUR KEEPING OUR DEMOCRACY FROM BEING TAKEN OVER BY WHITE COLLAR CRIME !! GIVE WHISTLE BLOWERS EQUAL PROTECTION UNDER THE LAW WITH HIGH DOLLAR BIG MONEY INTERESTS !!
Another win for those who misuse tax payers money.
Amend the Dodd-Frank Act and ensure that this loophole, and any others that may arise, are covered. Corruption should be allowed to be uncovered without a person fearing for their own livelihood, rights, etc
Companies should want their employees to report wrong doing within the company and they should be a protected class for doing so. If I were the CEO of the company I’d want to know about it before the government. Amend the law to protect the honest people of the world. This should apply to all companies not just those subject to the SEC or similar governmental agencies.
Arm whistle blowers.
Amend Dodd Frank and protect whistle blowers!!!
We must protect whistleblowers at all levels!!!!
I can’t say I’m happy with this decision, but with a unanimous ruling from this divided bench it is difficult to argue it isn’t the correct legal decision under current law. I believe any whistleblower who is able to provide verifiable useful information regarding illegal activity within a company or government agency should be protected. If amending Dodd-Frank will accomplish this then yes, amending it is the right thing to do. I’m not holding my breath though for this particular Republican controlled Congress to take action on this issue or any other issue that might impede the power of corporations to screw over their employees. They have proven time and time again where their loyalties lie, and it is definitely not with the individual worker or the American people but rather with the highest bidder. Congress, I’d dearly love for you to prove me wrong, but again, I’m not holding my breath. In the meantime, I guess if you are brave enough to speak up about corruption where you work you’d better also be financially comfortable enough to hire a lawyer first. Geez....
Amend Dodd-Frank, the Government simply does not have the resources to regulate an industry without the responsibility of others to report wrongdoing.
Whistleblowers should have legal protections and those protections are even more important now with he current corrupt administration
Should have seen this coming. If something is potentially harmful to big business trumps crew will find a way to get rid of it. Quietly. Shameful.
Employees that are currently working at the ‘offending’ organization should be protected from termination as well as from adverse actions affecting their employment, having reported the issue through proper channels. DODD FRANK should offer this protection. Post employment complaints would require a lawyer. **I trust that RBG applied the law appropriately in this matter, which dealt specifically with a ‘previously’ terminated employee reporting, post-employment, on an infraction**.
PROTECT WHISTLEBLOWERS !!! CONGRESS SHOULD AMEND DODD-FRANK TO ADD INTERNAL REPORTING TO DEFINITION OF ‘WHISTLEBLOWER’ !!!!
Whistle blowers must be protected!
Whistle blowers deserve protection and should feel safe to come forward at any time.
That is a double edged sword. I certainly believe that a conscientious attempt to correct an egregious practice should be protected, but it can also allow a disgruntled or a marginal employee a means of continuing their poor practices. At present I am sure there is little education given to employees regarding a legitimate way of handling such a situation.
If whistle blowers aren’t protected then there is no incentive for them to report illegal behavior. Being moral and ethical is not rewarded, the opposite is.
Leave Dodd - Frank the way it is. If Congress opens up the door to tinker with THIS issue, who knows what else they will mess with! Judge Ginsberg has explicitly said what the employee needs to do, it may be a tough call, but at least then they have the whistle blower protection already in place.
We are falling into an abyss of third world corruption. Please protect whistleblowers ability to report illegal activities!