Whistle While You Work?

A Cautionary Note

Robin Boneck, JD, LLM, and David Christensen, PhD, CMA, and Gerald Calvasina, PhD

In 2014, Paul Somers was fired from Digital Realty for reporting to senior management that his supervisor eliminated some internal controls, in violation of the Sarbanes-Oxley Act (SOX). Instead of filing a complaint with the SEC within 180 days of the alleged retaliation, Somers waited seven months before suing his employer. His employer argued that Somers was not entitled to anti-retaliation protection under the Dodd-Frank Wall Street Reform and Consumer Protection Act because he did not notify the commission in a specified manner. The Supreme Court ruled in favor of the employer. This article reviews the case and its implications for employers and employees. Would-be internal whistleblowers should seek the advice of an experienced lawyer before embarking on a similar journey.