Mercer Investment Consulting Beats Untimely Retaliation Claim

A whistleblower failed to revive an untimely retaliation claim against Mercer Investment Consulting LLC under the Sarbanes-Oxley Act, because he couldn’t convince the Seventh Circuit that the limitations period was tolled when he filed reports concerning his suspicions about Mercer with the Securities and Exchange Commission.

Sarbanes-Oxley, which applies to public companies, gives employees who help with any investigations against their employers 180 days to file retaliation claims with the Occupational Safety and Health Administration. If the employee is successful, they’re entitled to actual damages.

The Dodd-Frank Act gives whistleblowers who help the SEC investigate a company six years to ...