Blowing the whistle can lead to harsh aftermath, despite law
|
|
David Windhauser speaks from experience when he says pursuing a whistle-blower complaint under the Sarbanes-Oxley Act is not for the faint of heart. The former controller for Trane, a heating and cooling company, last fall became the first employee under Sarbanes-Oxley to obtain a Labor Department order for his former employer to rehire him. But instead of doing so, the company spent months fighting the order before settling with Windhauser in April. For the 58-year-old finance executive, who says he suffers from heart disease and diabetes, it was just another blow in his 18-month battle. Three years ago, the Sarbanes-Oxley Act was signed into law and hailed as a safety net for employees who stepped forward and revealed wrongdoing at their companies. But of the hundreds of people who lost jobs and filed complaints since the act was passed, only two are actually back at their jobs. Others are still waiting or settled out of court because their former employers balked, even after courts ordered them rehired. Whistle-blowers and their lawyers say that’s a big drawback of the law. Those who win their cases are eligible to get back pay, attorney’s fees and a chance to get their old job back. But Windhauser says those are small rewards for the huge risks to one’s livelihood. (Story: Some whistle-blowers don’t want lost jobs) Congress intended to make people “whole,” not to make whistle-blowing lucrative, says Richard Fairfax, the Labor Department enforcement official who oversees the Sarbanes-Oxley investigations. More : usatoday.com |