Whistleblower & Retaliation Exhibit Checklist
Document your protected activity, the retaliation timeline, and supporting evidence for qui tam, SOX, or Dodd-Frank claims.
What's Inside
- Internal complaints, hotline reports, and external agency filings
- Retaliation timeline: demotions, termination, reduced hours after reporting
- Performance reviews before and after the protected activity
- SEC tips, OSHA complaints, or False Claims Act filings
- Separation documents, severance offers, and damages records
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Why Use This Checklist?
Covers False Claims Act qui tam, SOX § 806, and Dodd-Frank § 922 claims
Includes both internal reports and external agency filings
Organized around the two elements courts examine: protected activity and retaliation
Works for OSHA complaints, SEC tips, and federal court litigation
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Whistleblower & Retaliation Exhibit Checklist FAQ
What is temporal proximity and why does it matter?
Temporal proximity is the time gap between your protected activity (reporting fraud or violations) and the adverse action (termination, demotion, pay cut). Courts treat a short gap — days or weeks — as strong evidence of retaliation. A gap of several months weakens the inference, though other evidence of retaliatory intent can fill that gap.
What is the filing deadline for a SOX whistleblower complaint?
Under SOX § 806 (18 U.S.C. § 1514A), you must file a complaint with OSHA within 180 days of the retaliatory action. There is no extension. If you miss the 180-day window, the claim is gone. File with OSHA even if you plan to hire an attorney — you can supplement the complaint later.
Should I save work documents before I lose access?
Yes, but carefully. Forward emails and save documents you are authorized to access in the normal course of your job. Do not access restricted systems, hack passwords, or take trade secrets. Courts have dismissed retaliation claims where the whistleblower engaged in unauthorized data access, even if the underlying report was legitimate.