Fernandez v. Navistar

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In Brief

The Dept. of Labor held that adverse actions under SOX could include actions taken by the employer after the employee’s termination.

Summary of Filed Complaint

Fernandez complained to management about problems with Navistar’s internal controls and opposed hiding these problems from shareholders. The company took a number of actions against Fernandez, ultimately terminating his employment.

What Happened in Court

The U.S. Department of Labor Office of Administrative Law Judges forced Navistar to produce documents and information concerning a fact-finding investigation conducted by a law firm concerning Navistar’s accounting practices, and later held that adverse actions under SOX could include actions taken by the employer after the employee’s termination.

Attorneys In This Case

Jason Zuckerman
Jason Zuckerman

R. Scott Oswald
R. Scott Oswald