WASHINGTON, Oct. 10 (UPI) -- The Supreme Court heard an oral argument Tuesday about the burden of proof in a whistleblower retaliation case, and whether it falls on the employee or the employer.
The court's ruling would resolve a dispute in the lower courts, and could impact how juries decide whistleblower cases.
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Under the Sarbanes-Oxley Act of 2022, publicly traded companies are prohibited from retaliating against an employee who reports suspected fraud or security law violations. In 2014, Trevor Murray sued his former employer, UBS Securities, LLC, for allegedly violating these whistleblower provisions.
While he was an employee of UBS Securities, Murray had to certify his financial reports under Securities Exchange Commission guidelines to confirm that his results were independently found.
During this period, he filed complaints against some UBS leaders, charging that they illegally influenced him to skew his reports. Finding that his firing was related to these complaints, a district court ruled in favor of Murray on the grounds of retaliatory termination.
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