The passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 opened up a new level of financial and legal incentives and protections to employees who want to root out wrongdoing. The act also provided extensive support to those who blow the whistle and then experienced retaliation for doing so—at least when that whistleblower reports to the SEC.
When retaliation happens after internal whistleblowing, without ever having gone to the commission, the protections under Dodd-Frank get considerably murkier. A ruling last week in Berman v. Neo@Oglivy further muddied the waters on this crucial question concerning retaliation. The U.S. Court of Appeals for the Second Circuit held that the internal whistleblower is entitled to the same levels of anti-retaliation protections as those who have turned to the SEC for help.
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