Whistleblower
Whistleblower

We Help Whistleblowers

Puryear and Lingle, PLLC are North Carolina attorneys who champion those who do the right thing. We all want to believe that we would be brave enough to speak up if we knew of or were the victim of discrimination in the workplace, or if we learned that our employer was engaged in unlawful or dishonest activities that put our coworkers or the public at risk. Yet, the great personal stress caused by the conflict between your employer’s values and the need for job security is difficult to understand for those who have never had to make the choice between insisting on what's right or looking the other way and carrying on with their work in silence. The enormous power employers have to influence their employees to keep quiet has been recognized by lawmakers in the US Congress and in the North Carolina General Assembly, as well as by state courts. As a result, laws have been put in place to prevent employers from taking revenge against employees who report workplace discrimination, other violations of employee rights, or their employer’s unethical business practices. The attorneys at Puryear and Lingle, PLLC understand these important legal rights and can forcefully represent whistleblowers who have experienced such retaliation.

Categories of Whistleblower Rights

Federal and state laws prohibit retaliation against employees should they report unlawful conduct, cooperate with regulatory authorities or exercise their legal rights in other ways. The scope of these protections and the steps needed to utilize them depend on the particular set of circumstances:

Discrimination and Harassment
The Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act and all their state and local analogs have provisions that make it an offense for an employer to take unfavorable action against an employee because he or she:

• Filed a complaint
• Acted as a witness
• Cooperated with investigators
• Took any other legally protected action in response to discrimination and harassment in the workplace

Wage and Hour
Federal and state labor laws prohibit employers from retaliating against employees when they complain about illegal wage practices, filing agency complaints or lawsuits or simply cooperating with regulators.

Workplace Safety
Employees who refuse to violate safety regulations or oppose unsafe working conditions, or who report their employer’s creation of or refusal to correct unsafe working conditions, are protected from retaliation under both the federal and state Occupational Safety and Health Acts (OSHA), as well as North Carolina common law.

Sarbanes-Oxley
Since 2002, the Sarbanes-Oxley Act has made it easier for employees and contractors of publicly traded companies to report suspicions of fraud or SEC rules violations both within the company and to outside regulators.

Dodd-Frank
The newer Dodd-Frank Wall Street Reform and Consumer Protection Act allows whistleblowers who suffer adverse employment action as a result of their reporting to the SEC to sue for lost wages and other compensation. While this act is separate and distinct from Sarbanes-Oxley, there is still overlap between the two and in many ways, they work in tandem.
Guidance and Counsel for North Carolina Whistleblowers

The decision to be a whistleblower is never easy. Having experienced whistleblower attorneys working for you can allow you to move forward with confidence. Our legal team at Puryear and Lingle, PLLC has fought for whistleblowers and victims of retaliation in all industries — from the boardrooms of publicly-traded national companies to restaurants and more. If you’re considering coming forward as a whistleblower or have done so already and are suffering or fear suffering retaliation from your employer, contact us today . Our whistleblower attorneys protect employees from retaliation. 

Whistleblower Protection Under Sarbanes-Oxley

Employees of publicly traded companies who become aware of questionable practices in the workplace face a tough decision. Many don’t necessarily know how to deal with this situation and are afraid to report their findings because of the repercussions they could face. Some companies are desperate to make sure that such improper conduct stays private and therefore practice job retaliation to silence concerned employees. We understand that whistleblowers need protection to promote transparency in the workplace. In 2002, Congress enacted the Sarbanes-Oxley Act, and our lawyers understand the protections afforded by this important legislation. We have fought for those who suffer retaliation for taking a stand against inadequate internal accounting controls, corruption, illegal practices and more.

The Sarbanes-Oxley Act, or SOX, applies to all publicly traded companies that are required to register securities under the Securities and Exchange Act. It prohibits those companies from retaliating against individuals for any of the following activities related to fraud or SEC rules violations within the company:

• Providing information to the federal government or to one’s supervisors within the company or assisting in investigations by law enforcement or company personnel
• Initiating or participating in administrative or judicial proceedings relating to such conduct

Unlike many other retaliation laws, SOX applies not only to employees of covered companies, but also contractors, subcontractors and agents of the company. Additionally, retaliation under SOX does not require adverse employment action to take place. If there are threats and harassment against whistleblowers, even if they are not accompanied by termination, demotion or other more tangible retaliation, the affected employee can still take legal action.

SOX applies to specific types of illegal conduct. The whistleblower needs to reasonably believe the company has been in violation of the Sarbanes-Oxley Act itself, violations of SEC rules or regulations, or has committed some sort of fraud that affects its shareholders. Whistleblowers who report other types of misconduct often find protection under other laws, although the rights and remedies provided under SOX may not be available.

SOX provides protection to whistleblowers at publicly traded companies and there is a specific process for asserting these rights.

A person who suffers retaliation under SOX must file a complaint with the U.S. Department of Labor within 180 days of the alleged retaliation. If the Department of Labor fails to issue a final decision within 180 days, the whistleblower may bring an action in a U.S. district court. While some other similar banking regulations as well as the SEC whistleblower provisions of the Dodd-Frank Act allow whistleblowers to go straight to court, an initial administrative complaint with DOL or an appropriate inspector general is a prerequisite for court action under SOX.

Victims of retaliation under Sarbanes-Oxley may recover all compensation required to make them whole, including: reinstatement or restoration of seniority and benefits, back pay, litigation costs, compensation for emotional distress, damage to reputation and reasonable attorney fees.

Coming forward as a whistleblower always takes courage and often comes with risks. If you have been subjected to harassment, threats or adverse employment action after voicing concerns regarding the practices of a publicly traded company, you may have legal rights. Our NC whistleblower attorneys at Puryear and Lingle, PLLC understand the intricacies of SOX's whistleblower protection provisions and can advise and represent you through the entire whistleblower process. If you are or think you should be a whistleblower, call our office today to arrange a confidential assessment. Our attorneys protect whistleblowers and fight to recover full and fair compensation. 
Whistleblower Rights Under Dodd-Frank 

In today’s world there are constantly more and more regulations being created to protect employees and contractors. This is most notable in the banking and financial sectors where high-profile abuses occur on a regular basis. While the government provides significant resources for the enforcement of these regulations, it simply cannot be watching over everything, at all times of the day. That is why the federal government relies on whistleblowers to expose violations and abuses that would otherwise remain hidden in most instances. When you make the decision to report illegal conduct, you can put your personal, professional and financial stability at risk. Luckily, federal laws provide protection and potential compensation. 


At the law firm of Puryear and Lingle, PLLC, our North Carolina whistleblower attorneys are well versed in these laws and programs, including the Dodd-Frank Wall Street Reform and Consumer Protection Act. We help individuals in the financial industry who are concerned about illegal conduct to disclose their information to the proper authorities in a way that ensures their protection, safeguards their rights and many times often earns the whistleblowers a share of the money recovered.


Dodd-Frank became law after the 2008 financial crash with the goal of encouraging transparency and discouraging violations within the financial industry. The Act accomplishes this in two distinct ways:


• It provides a private right of action by which whistleblowers can sue employers who retaliate against them for reporting misconduct to the Securities and Exchange Commission (SEC).

• It authorizes the payment of a bounty of up to 30 percent to any whistleblower who provides original information that leads to a successful assessment in excess of $1 million in administrative or judicial penalties.


Section 922 of the Dodd-Frank Act provides a compensation program for whistleblowers and the awards payable under this program can be quite substantial. However, whistleblowers must be careful about what information they provide and to whom they provide it in order to ensure that they qualify for this compensation:


• Whistleblowers must provide “original information.” This means that the information is derived from the whistleblower's independent knowledge, is not already known to the SEC, and is not derived from allegations already made by someone else in a judicial or administrative proceeding. 

• The information must be voluntarily provided to the Securities and Exchange Commission by the whistleblower.

• The information must lead to the imposition of a penalty of more than $1 million in monetary sanctions against the offender.

• The whistleblower or their lawyer must file a claim with the SEC within 90 days of the administrative or judicial action taken against the offender.


Whistleblowers who qualify can typically get between 10 and 30 percent of the sanctions collected (subject to the SEC's discretion). The SEC's decision may be appealed to the United States Court of Appeals. 


Those who report unlawful conduct to the SEC will often suffer professional and financial backlash. The Dodd-Frank bounty program can defray these costs and provide whistleblowers a sense of security. However, qualifying for payments under Dodd-Frank is not automatic and whistleblowers must follow proper procedures or they risk forfeiting the potential to recover hundreds of thousands or even millions of dollars. Our North Carolina whistleblower attorneys at Puryear and Lingle, PLLC have extensive knowledge regarding Dodd-Frank and other whistleblower laws, as well as the pressure and uncertainty whistleblowers often feel. We are here to guide and protect you throughout the entire process. Contact our office today to arrange a confidential no-cost consultation. Get an experienced North Carolina whistleblower lawyer on your side!

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