In Wiest v. Tyco Electronics Corp., the Third Circuit Further Clarifies a Plaintiff’s Prima Facie Burden for a Retaliation Claim under SOX

Posted on February 12th, by Editor in Crisis Management. No Comments

By Gerald T. Hathaway and Dennis M. Mulgrew, Jr.

Wiest v. Tyco Electronics Corp., a case that has been closely watched by Sarbanes-Oxley (“SOX”) practitioners, may have finally come to a close after nearly six years of litigation. In its decision (click here to view), the Third Circuit affirmed the District Court’s granting of summary judgment for Tyco, and provided additional clarification on what a plaintiff must do to make out a prima facie retaliation claim under SOX.

Tyco asserted that it fired Plaintiff Jeffrey Wiest in 2008 for inappropriate sexual relations with two female co-workers and sexual harassment. He then brought suit under SOX, alleging that Tyco terminated him for raising concerns to his managers about excessive corporate expenditures.

The case has twice been on appeal to the Third Circuit. In 2010, Tyco successfully moved to dismiss Wiest’s complaint on the basis that … Read More »


EEOC and DOL Propose Increased Reporting Requirements for EEO-1 Reports

By Noreen Cull and Shavaun Adams Taylor

On the seventh anniversary of the federal Lilly Ledbetter Fair Pay Act, the Equal Employment Opportunity Commission (“EEOC”), in partnership with the U.S. Department of Labor, Office of Federal Contract Compliance Programs (“OFCCP”), announced a proposed rule to collect data from employers that will be used to identify discriminatory pay practices. Under the proposed rule, companies with 100 or more employees, both private employers and federal contractors, would be required to report wages from W-2 earnings and total hours worked for all employees by sex, race, and ethnicity within a 12-month period. It is projected that these new proposed requirements will affect over 63 million employees.

This proposed rule is now in the comment period until April 1, 2016. The EEOC also plans to conduct a public hearing regarding the new rule at some point. … Read More »




Subscribe to Alerts

Please fill out our sign-up form to be updated on new posts.

California Supreme Court Ruling on Right to Statewide Discovery in PAGA Actions Is Not as Bad for Employers as It Looks

By Ramon A. Miyar & Jaime D. Walter

In a blow to the defense bar—and, in particular, retail employers—the California Supreme Court, in Williams v....

Part V of “The Restricting Covenant” Series: Lawyers and Law

By Lawrence J. Del Rossi

This is the fifth article in a continuing series, “The Restricting Covenant.” I originally thought this article would contain, at...

Department of Labor to Begin Issuing Opinion Letters, Again

By Mark J. Foley and Vik C. Jaitly

Secretary of Labor, Alexander Acosta, recently announced that the Department of Labor (DOL) will resume issuing opinion...