Dana Holdings Corp., an Ohio based company that supplies driveline, sealing and thermal management technologies for passenger, commercial and off-highway vehicles, has been ordered by the U.S. Department of Labor to reinstate a financial analyst and pay him $274,922.47 in compensatory damages in order to settle a whistleblower lawsuit filed under the Sarbanes-Oxley Act of 2002.
The employee alleges that he was terminated in February 2009 in retaliation for raising concerns regarding inaccuracies in the company’s customer information assessment system database, which could in turn lead to inaccuracies in the company’s annual financial reports.
Nick Walters, the Department of Labor’s Occupational Safety and Health Administration’s (OSHA) regional administrator in Chicago, stated:
“The Sarbanes-Oxley Act provides protection to workers who report alleged violations of federal laws relating to fraud against shareholders… This case clearly shows the department’s commitment to ensuring that individuals are provided the protections and relief afforded by the law, and sends a message that retaliatory actions will not be tolerated.”
In addition to reinstating the former financial analyst and paying him compensatory damages, Dana Holdings must expunge all adverse references related to the discharge from the employee’s personnel record and must train all employees and post a notice regarding the Sarbanes-Oxley Act’s whistleblower provision.
The Employment Law Group® law firm has an extensive nationwide whistleblower practice representing employees who have been victims of retaliation.